A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to chemicals and substances that can cause cancer, like asbestos and benzene. If you believe that exposure to these chemicals during work led to your cancer, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more details, contact a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas that can cause cancer when exposed to it for a prolonged period. It is produced by the environment as well as by the emission of gas and tobacco smoke. The human body can also absorb benzene through the skin. A railroad worker who developed cancer as a result of exposure to benzene could be eligible for monetary compensation from their employer.
In one instance the widow of a railroad employee who died was awarded $1,500,000 by the company which employed her husband. Her husband, who died in 1995, worked as an engineer on various tankers during the 1970s and 1980s and was often exposed to benzene. railroad lawsuit settlements filed a lawsuit for the wrongful death of the vessel's owner following his passed away in 1995 from acute myeloid lymphoma.
Acute myeloid cancer is a cancer that spreads quickly and can be fatal within several months after diagnosis if it isn't treated. The majority of the time, it is treated by chemotherapy. However, in some instances, targeted therapy and radiation can be utilized.
We obtained defense verdicts for an industry class 1 railroad in two cases where plaintiffs claimed injury to their brains due to solvent-induced exposure throughout their 23-year journey on the railroads. The defense provided expert evidence on medical causation, as well as industrial hygiene and the jury concluded that the work environment of the railroad was reasonably safe.
Creosote Exposure
Coal creosote tar is a mix of hundreds of chemicals that are used to protect wood, such as railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs found in creosote can be taken up through the surface of the skin or ingested by drinking water that has been affected by this chemical. PAHs are also absorbed through the lungs, and may cause lung cancer.
Inhalation of creosote may cause a variety symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can cause skin burns in the second and third degrees. The coal tar creosote compound is composed of PAH compounds like naphthalene and other carcinogenic compounds like Acenaphthene.
Creosote exposure can affect the health of family members and employees and their families, as well. For instance, some employees have developed basal cell tumors papular that are common skin cancers that can spread to other regions of the body. Others have suffered from chronic lung disease and liver fibrosis, esophageal and esophageal and chronic bronchitis.
Often, the railroad industry isn't able to adequately inform employees about the dangers of long-term exposure to toxic substances. For instance, it's not uncommon for railroad employees to abandon diesel-powered locomotives, forklifts and cranes on the road during their work. These engines generate large amounts of diesel exhaust, which can be inhaled and ingested through the lungs. They also soak rags in benzene-based solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who are diagnosed with cancer or a chronic illness resulting from exposure to toxic chemicals such as creosote and benzene might be entitled to compensation for their medical expenses and other losses. A New York railroad cancer lawyer could assist those seeking claims under the Federal Employers Liability Act (FELA) for financial damages.
Many ailments related to occupational exposure to carcinogenic substances like diesel fumes asbestos and silica do not show up until a person is older. In the majority of cases, statutes of limitations only last three years following the first diagnosis. It is therefore crucial that potential victims contact 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 a former railroad employee who was diagnosed with leukemia after a long period of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA by failing to train their employees and equip them with the appropriate safety equipment.
The jury awarded the plaintiff damages of $7.5 million after concluding that the cancer was directly related 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
When a former railroad worker is diagnosed with cancer resulting from exposure to toxic substances while on the job and is diagnosed with cancer, they can file a claim under the Federal Employers Liability Act, or FELA. In contrast to workers' compensation laws which offer victims medical expenses and some loss of wages, FELA is a fault-based law that requires evidence that the railroad company failed to protect its workers from the dangers of chemical exposures.
Railroad companies frequently fight FELA lawsuits involving occupational illnesses. Defense lawyers often argue that the former employee isn't able to identify specific instances of unhealthy conditions. They also point out the absence of test results from an official laboratory that show the presence of toxic substances or carcinogens in equipment or parts made and used by the railway company.
A successful FELA claim is paid for future and past physical suffering and pain in addition to loss of enjoyment life, psychological distress and other damages. If the victim dies in the process, the family can bring a wrongful-death lawsuit to receive compensation.
At Napoli Shkolnik PLLC, we collaborate with experienced FELA lawyers to assist injured railroad workers obtain the financial help they require. Contact us for a free consultation. We represent railroad workers across the nation including New York City, Boston and Hartford, St. Louis and Denver, among other cities.