14 Misconceptions Commonly Held About Railroad Lawsuit Esophageal Cancer

A Railroad Lawsuit For Acute Myeloid Leukemia

Rail workers are frequently exposed to substances and chemicals that can cause cancer, such as asbestos and benzene. If  cancer lawsuit 've been diagnosed with cancer and believe that your exposure to these chemicals at work contributed to it, you could be entitled to compensation.

The FELA allows railroad workers to sue for negligence. Contact an experienced railroad lawsuit acute myeloid leukemia lawyer for more details.

Benzene Exposure

Benzene is a colorless, toxic gas that can cause cancer to people who are exposed to it for long periods of time. It is produced by the environment, as well as from the combustion of gas and tobacco smoke. The human body is also able to absorb benzene through the skin. Railroad workers who developed cancer as a result of exposure to benzene could be eligible for financial compensation from their employer.

In one instance a railroad worker who died widow was awarded damages of $1,500,000 from the company that employed him. Her husband, who died in 1995, was a pumpman for various tankers in the 1970s as well as the 1980s. He was frequently exposed to toxic benzene. His wife filed a claim for wrongful death against the vessel's owner following his died in 1995 of acute myeloid lymphoma.

Acute myeloid leukemia can be an aggressive type of cancer that can cause death in one or two months if treated promptly. Most commonly, it is treated by chemotherapy. However, in some cases, targeted therapy or radiation can be utilized.

We secured defense verdicts in two cases where plaintiffs claimed brain injuries due to exposure to solvents throughout their 23-year career on the railroad. The defense provided expert testimony on medical causation as well as industrial hygiene and the jury ruled that the work environment of the railroad was reasonably safe.

Creosote Exposure

Coal tar creosote is a mixture of hundreds of chemicals that are used to preserve wood, such as railroad ties. It is a mixture of carcinogens which are well-known which include polycyclic aromatic hydrocarbons (PAHs). The PAHs found in creosote can be taken up through the surface of the skin or inhaled by drinking water that is affected by this chemical. PAHs can also be absorbed into the lungs, where they could cause lung cancer.

Inhalation exposure to creosote can lead to a variety of symptoms that include irritation to the respiratory tract, eye problems and nausea and vomiting. It can also cause third and second degree burns to the skin. Coal tar creosote consists of a number of PAH compounds, including naphthalene, acenaphthene and fluorene. Phenanthrene is also a component, all of which are carcinogenic.

Creosote exposure could cause negative effects on the health of workers as well as their families. Some workers have developed papular base carcinomas (common occupational skin cancers) that can develop to different parts of the body. Other workers have suffered from chronic lung disease and liver fibrosis, esophageal and esophageal and chronic bronchitis.

The railroad industry isn't often communicate effectively with its employees regarding the dangers associated with exposure to long-term toxic substances. For instance, it is not uncommon for railroad workers to leave diesel-powered forklifts, locomotives, and cranes running during their work. These engines produce large amounts of diesel exhaust that is ingested and breathed in through the lungs. They also dip rags into solvents that contain benzene for cleaning machines and tools.

Worker's Compensation

Railroad workers who develop cancer or develop another chronic disease because of exposure to harmful chemicals like benzene and Creosote, may be entitled compensation for their medical costs and other expenses. A New York railroad cancer attorney can assist workers in pursuing claims for monetary damages under the Federal Employers Liability Act, or FELA.

Many diseases that are triggered by exposure to carcinogenic substances at work like asbestos and diesel fumes are not apparent until a person is older. Therefore the statute of limitations typically only lasts for three years from the point an individual is first diagnosed with the illness. Therefore, it is crucial that potential victims speak with an attorney for railroad injuries promptly after being diagnosed.

In a lawsuit that was recently filed, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an employee of a railroad who had been diagnosed with leukemia after years of exposure toxic chemicals. The plaintiff claimed that the company violated FELA by failing to properly train their employees and provide them with the appropriate safety equipment.

The jury awarded the plaintiff damages of $7.5 million after determining that the cancer was directly linked 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 other degreasing agents.

FELA

Former railroad workers who have been diagnosed with cancer due to exposure to toxic substances at work might be in a position to claim compensation under the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws that cover medical expenses and lost wages to victims, FELA is a statute based on fault and requires proof that the railroad employer is not protecting their employees from the dangers posed by chemical exposures.

Railroad companies are often involved in FELA lawsuits that concern occupational diseases. Their defense lawyers often argue that the former employee is unable to pinpoint specific instances of exposure to harmful substances. They also highlight the absence of official tests that show the presence of carcinogens or chemicals in the parts or equipment used by the railway.

A successful FELA claim is awarded compensation for past and future physical suffering and pain in addition to loss of enjoyment life, psychological stress, and other damages. If the victim dies as a result of their injuries or other causes, a wrongful-death claim may be pursued to collect the compensation of the deceased's family members.

At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to assist injured railroad workers get the financial assistance they require. Contact us today for a no-cost consultation. We represent railroad workers across the country including New York City, Boston and Hartford, St. Louis and Denver among others.