A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers often have prolonged exposure to carcinogenic chemicals as well as substances such as asbestos, benzene and creosote. If you've been diagnosed with cancer and believe that your exposure to these chemicals while working caused it, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact an experienced railroad lawsuit acute myeloidleukemia lawyer for more information.
Benzene Exposure
Benzene is a colorless, poisonous gas that can cause cancer in those who are exposed to it for long periods of time. It is produced in the environment and also by gas emissions and tobacco smoke. Skin can also absorb the benzene. A railroad worker who developed cancer due to exposure to benzene might be eligible for monetary compensation from their employer.
In one case the widow of a railroad worker who passed away was awarded $1,500,000 by the company that employed her husband. Her late husband was a pumpman on different tankers throughout the 1970s and 1980s. He was often exposed to toxic benzene. After his death from acute myeloid leukemia in 1995 his wife filed a wrongful death claim against the vessel's owner.
Acute myeloid cancer is a type of cancer which spreads rapidly and can be fatal within just a few months after diagnosis if not treated. The majority of cases, it is treated by chemotherapy. However, in a few cases, targeted therapies and radiation can be utilized.
We obtained defense verdicts in 2 cases, in which plaintiffs claimed brain injury from exposure to solvents during their 23-year rail career. The defense presented expert evidence on medical causation and industrial hygiene and the jury determined that the railroad's workplace was reasonably safe.
Creosote Exposure
It is a mixture made up of hundreds of chemicals used to preserve wood such as railroad ties. It contains a variety of carcinogens known to exist such as polycyclic aromatic hydrocarbons (PAHs). The PAHs present in creosote are taken up through the skin, and can be inhaled through drinking water that is contaminated by the chemical. PAHs can also be absorbed into the lungs where they may cause lung cancer.
Creosote-inhalation exposure can cause a range of symptoms that include respiratory irritation, eye problems nausea and vomiting. It can also cause second and third degree burns to the skin. Coal tar creosote contains numerous PAH compounds, including naphthalene, acenaphthene and fluorene. Phenanthrene is also a component each of which is carcinogenic.
Creosote exposure can impact the health of employees and their families and families. Some workers have developed papular base carcinomas (common occupational skin cancers) which can spread to different parts of the body. Others have been affected by chronic lung disease, esophageal and liver fibrosis, and chronic bronchitis.
The railroad industry does not always effectively inform its employees about the dangers that come with long-term exposure to toxic substances. For instance, it is common for railroad workers to leave diesel-powered locomotives, forklifts and cranes in operation during their work. Diesel exhaust from these engines could be inhaled and ingested. They also soak rags in benzene-based solvents to clean machines and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or another chronic illness due to exposure to toxic chemicals like creosote and benzene could be entitled to compensation for medical expenses and other damages. A New York railroad cancer lawyer could help workers pursue claims under the Federal Employers Liability Act (FELA) to recover damages in cash.
Many of the ailments that result from occupational exposure to carcinogenic substances like diesel fumes, asbestos and silica do not manifest themselves until a worker is older. Thus, the statute of limitations typically only lasts for three years from the point the person is first diagnosed with the disease. This is why it is important that anyone who is a potential victim contact an experienced attorney for railroad accidents immediately after being diagnosed.
In a recent lawsuit Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an ex-railroad employee who was diagnosed with leukemia after years of exposure toxic chemicals. The plaintiff claimed that the company had 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 concluding that the cancer was directly linked to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals such as creosote and benzene as well as degreasing agents.
FELA
If a former railway worker is diagnosed with cancer caused by exposure to toxic substances while at work, they may file a claim under the Federal Employers Liability Act, or FELA. In contrast to the workers' compensation laws which provide medical expenses and lost wages to victims, FELA is a statute founded on fault that requires evidence of the railroad's employer failing to protect their workers from the dangers posed by chemical exposures.
Railroad companies frequently fight FELA claims that involve occupational diseases. Defense attorneys often argue that the former employee isn't able to identify specific instances of unhealthy conditions. They also point out the lack of official tests showing the presence of carcinogens and toxic substances in the equipment or parts employed by the railway.
A successful FELA claim is paid for future and past physical suffering and pain in addition to loss of enjoyment life, psychological stress, and other related damages. If the victim dies as a result of their injuries or other causes, a wrongful-death claim can be pursued to collect compensation for the deceased's family members.
At Napoli Shkolnik PLLC, we collaborate with experienced FELA lawyers to help injured railroad workers receive the financial assistance they require. Contact us for a free consultation. We represent railroad workers across the nation, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.