FELA Lawsuits - Why You Should File a Railroad Lawsuit The Federal Employer's Liability Act (FELA) gives current, previous and retired railroad workers the right to file a lawsuit against their employer if they suffer from cancer or suffer from another chronic illness from on-the-job exposure to benzene, creosote, carcinogens, and diesel fumes. Contact us today for a no-cost consultation with a knowledgeable railroad lawyer. FELA Lawsuits Railroads transport goods or services as well as people throughout the country every day. It requires a huge number of railroad workers in order to operate and manage these huge systems. The job of a rail worker is extremely dangerous despite technological advances. The Federal Employers Liability Act was created to protect railroad workers who are injured. Unlike workers' comp which is a system of no-fault plaintiffs must show that their railroad employer was negligent in order to receive payment under FELA. Generally, this is done through showing that the railroad's conduct violated a federal law, like the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act. In FELA cases it is more straightforward to prove negligence than other personal injury claims. This is because of the pure comparative negligence criterion which allows plaintiffs to seek damages even if their own actions caused their injuries. Shaw Cowart's lawyers have vast experience in FELA claims and are able to examine evidence in these cases. Since the time frame for filing a FELA claim is limited, it is important to seek out an attorney immediately following your injury. This allows us to gather statements of documents, papers, and other evidence prior to it disappearing. Contact us to set up one-on-one meetings with an attorney who is experienced in railroad litigation today. Exposure to carcinogens Railroad workers face the danger of contracting a range of ailments due to exposure toxic chemicals and toxins working. For many years, railroad workers have been exposed to diesel fumes, welding fumes, asbestos, lead silica, creosote, and asbestos. These chemicals can cause cancer and other illnesses among railroad employees. If a current or former railroad employee develops an illness that is directly related to the chemicals they were exposed to during their work or at home, they could be eligible to make a FELA lawsuit. Numerous studies have revealed that railroad workers tend to suffer from a higher rate of cancer than those in other jobs. Some of the most common cancers among railroad employees include lung, esophageal, as well as throat cancers as well as basal-cell carcinomas of the head and neck. Benzene is one of the most commonly used carcinogens to which railroad workers are exposed. Benzene is a non-colorless gas that has a sweet odor. It was banned in the United States more than 20 years ago but is still present in gasoline, crude oil and diesel exhaust. It is also a component of some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. Her lawsuit claims that the city and railroad affected her neighborhood with harmful chemicals from the railroad's train yard. Giles lived only a couple blocks away from the rail yard and creosote treatment site. The signs of Cancer Railroad transportation is essential to the American economy. Every year, America's railroads carry 30 million passengers as well as 1.6 billion tons of freight, including food lumber crude oil, grain, vehicles chemicals, crushed stone and metal ore. Railroad workers are exposed range of hazardous substances and a lot of them develop illnesses such as cancer as the result. A FELA injury lawyer could help you file a lawsuit against your employer. One former Union Pacific employee claims that the company's negligence caused his basal cell cancer, a kind of skin cancer. He claims that his exposure to sunlight and creosote coated railroad ties between the years 1968 and 2009 caused the condition. He also complains that the equipment he was provided with was not the proper safety equipment to shield him from his workplace hazards. LaTonya Paige, a second plaintiff asserts that her breast cancer was triggered by her job at the Union Pacific rail yard. Houston resident LaTonya Payne first noticed a lump on her breast in the year 2016. The lump was later found to be malignant after doctors removed it. The cancer has spread from her lymph nodes to her lungs, liver, and esophagus. The Houston mayor has requested the Biden administration to seek fines and orders to clean up of the Union Pacific site in his city. The site was used to store wooden railroad tie treated with coal tar and other poisonous chemical mixtures up to the 1980s. A study released in January by Texas health officials linked the area to clusters of acute myeloid leukemia bladder, lung, colon and rectal cancers, and Rheumatoid Arthritis. Signs of other illnesses Railroad workers are at risk of serious health issues, especially when they are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right to seek compensation if their employer is in violation of the law. Chaffin Luhana is dedicated to helping victims receive the full compensation they are due. Research has shown that those working in the railway industry are more likely to develop various types of cancer. When workers are inside locomotives or working in yards, they are frequently exposed to harmful chemicals. A study showed that railroad workers exposed to diesel exhaust had a greater chance of developing lung cancer. The chemical Benzene has been linked with cancer in railroad workers. It is present in many degreasers, solvents and other products used by the railroad industry. It is also a component in diesel exhaust, and it is believed to cause non-Hodgkin lymphoma in railroad workers. In September an indictment, a jury handed $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff was employed by Chicago and North Western Railroad and later, for Union Pacific Railroad Company, for many years. class action lawsuit against railroads claimed he was working without protection equipment when he was installing railroad tieways that were immersed in creosote. He also claimed to have been exposed to degreasing and lead-based agents. He was diagnosed with myelodysplastic Disorder (MDS) which eventually became acute myeloid Leukemia.
class action lawsuit against railroads
