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The Ultimate Guide To Railroad Lawsuit Esophageal Cancer Finlay 23-11-16 00:02
A Railroad Lawsuit For Acute Myeloid Leukemia

Rail workers are frequently exposed to substances and chemicals that can cause cancer, including asbestos and benzene. If you have been diagnosed with cancer and believe your exposure to these chemicals while working caused it, you may be entitled to compensation.

The FELA allows railroad workers to sue for negligence. Contact a specific railroad class action lawsuit against railroads acute myeloidleukemia lawyer for more information.

Benzene Exposure

Benzene is a colorless and toxic gas that can cause cancer in people who are exposed to it over long durations. It is generated in the atmosphere as well as by gas emissions and tobacco smoke. The human body is also able to absorb benzene through the skin. A railroad worker who developed cancer due to exposure to benzene might be eligible for monetary compensation from their employer.

In one case, a deceased railroad controls limited lawsuit employee's widow was awarded $1,500,000 in damages from the company that employed him. Her late husband worked as pumpman on a variety of tankers in the 1970s and 1980s, and he was regularly exposed to benzene. His wife filed a suit for the wrongful death of the vessel owner after he passed away in the year 1995 from acute myeloid lymphoma.

Acute myeloid leukemia is an aggressive type of cancer that can be fatal in several months if it is not treated promptly. It is most commonly treated with chemotherapy, but in certain cases radiation or targeted therapy may be used.

We obtained defense verdicts for a class action lawsuit against union pacific railroad 1 railroad in two cases in which plaintiffs claimed injury to their brain from solvent-induced exposure over their 23-year tenure on the rails. The defense provided expert evidence on medical causation, as well as industrial hygiene and the jury ruled that the workplace of the railroad was reasonably safe.

Creosote Exposure

Coal tar creosote is a mixture of hundreds of chemicals used to protect wood, like railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs in creosote are in the skin and can be ingested via drinking water contaminated with the chemical. PAHs are also absorbed through the lungs, and may cause lung cancer.

Creosote inhalation may trigger many symptoms, such as respiratory irritation, cancer eye problems and nausea and vomiting. It can cause third and second degree burns to the skin. The coal tar creosote is a mixture of PAH compounds like naphthalene and other carcinogenic compounds like Acenaphthene.

Exposure to creosote can affect the health of the workers and their families as well. Certain workers have developed papular base carcinomas (common occupational skin cancers) that can spread to different parts of the body. Others have been affected by chronic asthma, esophageal esophagus ulcers, and fibrosis of the liver and lungs.

The railroad industry often does not adequately inform employees about the dangers of long term exposure to toxic substances. It is not unusual for railroad employees to leave cranes, diesel engines, or forklifts running while working. Diesel exhaust from these engines can be inhaled and consumed. They also soak rags in solvents that contain benzene to clean machinery and tools.

Worker's Compensation

Railroad workers who develop cancer or suffer from another chronic illness because of exposure to harmful chemicals like benzene and Creosote may be eligible for reimbursement for medical expenses and other expenses. A New York railroad cancer attorney can assist workers in pursuing claims for damages in the form of money under the Federal Employers Liability Act, or FELA.

Many health issues resulting from occupational exposure to carcinogenic substances like diesel fumes asbestos and silica do not manifest themselves until a worker is older. In the majority of cases, statute of limitations lasts only three years following a person's first diagnosis. Therefore, it is essential that potential victims contact an attorney who handles railroad injuries immediately after being diagnosed.

In a recent case Napoli Shkolnik PLLC successfully defended a lawsuit filed against our client by a former railway worker who was diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff alleged that the company had violated FELA by failing to properly train their employees and equip employees with the correct safety equipment.

The jury gave the plaintiff damages of $7.5 million after concluding that the cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals such as creosote, benzene, and degreasing agents.

FELA

Former railroad employees who are diagnosed with cancer because of toxic exposures at work may be eligible to file a claim for compensation under the Federal Employers Liability Act (FELA). In contrast to workers' compensation laws which offer victims medical expenses and a portion of lost wages, FELA is a fault-based statute that requires evidence that the railroad's employer did not protect its employees from the dangers of chemical exposures.

railroad lawsuits companies often fight FELA lawsuits involving occupational diseases. Defense lawyers typically claim that the former employee is unable to pinpoint specific instances of unhealthy conditions. They also point out the absence of tests conducted by the government that prove the presence of carcinogens and contaminants in parts or equipment employed by railways.

A successful FELA claim is paid for future and past physical suffering and pain and loss of enjoyment life, psychological distress, and other damages. If the victim dies as a result of their injuries, a wrongful death claim may be pursued to seek compensation for the deceased's family members.

At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to help injured railroad workers obtain the financial support they need. Contact us for a free consultation. We represent railroad workers throughout the United States, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.
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