FELA and Railroad Lawsuits
Railroad workers who are exposed to toxic chemicals such as coal fumes diesel exhaust benzene or asbestos are at risk of developing a serious illness like cancer. A successful FELA case can award damages to pay medical expenses, lost income, pain and suffering.
class action lawsuit against union pacific railroad awarded $7.5 Million to an employee of the railroad who contracted Leukemia. This is only one example of the justice system standing up for the victims.
Benzene
Railroad workers are often exposed to dangerous substances and chemical solvents, such as benzene. It is a highly evaporated liquid that is absorbed through the skin or inhaled. It has been linked to a range of medical conditions, including blood cancers, cancers of the blood like lymphoma and leukemia, as well as bone marrow disease. It is also a substance that causes cancer and a component in coal tar creosote, which is used to shield railroad ties from sunlight, heat and rain.
One former rail worker claimed that his exposure to benzene while working with coal tar creosote railroad ties caused Myelodysplastic Syndrome (MDS), which progressed into Acute Myeloid Leukemia. A jury gave him $7.5 million in September.
If you have been diagnosed with cancer or other chronic illnesses due to daily exposure to radioactive substances benzene asbestos as well as other hazardous chemicals, have the right to claim compensation under FELA. The statute of limitations may differ based on the nature and severity of the cancer or illness. It is imperative to speak with an experienced attorney immediately.
A railroad lawyer at Shaw Cowart can help you determine if your case is eligible for a FELA claim. We provide no-cost consultations and are familiar with FELA and railroad workplaces as well as the cancer-causing chemicals railroad employees encounter on a daily basis.
Asbestos
Our lawyers have represented railroad workers who suffered from lung cancer and other health conditions as a result of asbestos exposure. They worked in places like repair shops, engine room and yards, or on track equipment or derailed railway cars that contained asbestos insulation. This type of asbestos is especially dangerous because, when it deteriorates tiny fibers are released into air. The fibers are breathed in by railroad workers and could cause mesothelioma, lung cancer, asbestosis, and pleural plaque.
In addition to asbestos, railroad workers are also at risk of developing lung diseases from diesel exhaust and exposure to other workplace toxins such as solvents, welding fumes and silica sand. These particles and fumes can damage the lungs, kidneys and gastrointestinal tract, as well as blood cells. These injuries can be identified several years after exposure and can result in a variety serious and debilitating diseases.
Recent case against Conrail illustrates the risks associated with this type of work. The Appeals Court upheld a jury award of $2.3 million against the railroad company for a former railway employee who passed away from mesothelioma. A jury awarded damages to cover the pain and suffering, companionship loss, future medical expenses, and other losses. This case highlights the importance of working with a seasoned attorney who is able to quickly assess whether an FELA claim is warranted.
Radioactive Substances
Railroad workers who were exposed to radioactive substances are at risk for developing certain types of cancers and other serious diseases. These substances are often hidden in the materials railroads use to clean tracks and other rail yards. It is often difficult to recognize them unless the railroad company actively checks for alpha and Gamma radiation. If a railway worker is diagnosed with cancer or another condition that was caused by exposure to carcinogenic substances while on the job, they are able to file a FELA claim and receive compensation from their former employer.
Railroad workers are more likely than other workers to develop cancer. This is due to being constantly exposed to toxins that could cause lung cancers, such as asbestos as well as sand dust (silica) and welding fumes, diesel fumes, and creosote.
A railroad lawyer must be sought out as soon as is possible by railroad employees who have been diagnosed as having cancer as a result of exposure to radiation during their work. They can assist them in determining whether they have a legal claim against their former employers and submit the appropriate lawsuits under FELA. These claims can be based on compensation for medical costs and income loss as well as suffering and pain. In addition, they can compensate for the loss of a loved ones in the event of wrongful death. A railroad attorney with experience can help victims receive the maximum amount of the damages they are entitled to, under FELA.
FELA
Railroad workers like engineers, conductors, and members of train crews are often exposed to hazardous conditions which can cause lung damage without even realizing it. Former railroad workers who developed lung cancer or other conditions that may have been caused by their job can seek compensation under Federal Employers Liability (FELA).
Unlike workers' compensation claims, FELA allows injured railroad employees as well as the families of deceased employees to sue for damages including past and future emotional and medical costs. An attorney who is knowledgeable about FELA regulations can explain to you the options available to.
To prevail in a FELA lawsuit, you will need to prove that the employer acted negligently in a way. It could be a matter of breaking a rule or law or failing to meet an acceptable standard of care, and many more. A FELA lawyer will review your case and determine whether railroad negligence caused your illness.
Railroad exposure can trigger a variety of lung illnesses. If you were exposed during your railroad career to diesel exhaust or other toxins like creosote and asbestos or creosote, a mesothelioma lawyer will assist you in filing a claim for compensation under the FELA. The FELA cases handled by Hughes Law Offices have led to a variety of verdicts and settlements.