A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers are often exposed to prolonged exposure to carcinogenic chemicals as well as substances like creosote, benzene, and asbestos. If you believe that exposure to these chemicals while working caused cancer, you could be entitled compensation.
The FELA law allows railroad workers to sue their employers for negligence. For more information, speak to a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
The colorless, poisonous gas that can cause cancer in individuals who are exposed for prolonged durations. It is produced in the environment and also by gas emissions 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 might be eligible for financial compensation from their employer.
In one case a railroad employee 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 on various tankers in the 1970s as well as the 1980s. He was regularly exposed to benzene, a toxic chemical. When he passed away from acute myeloid leukemia in 1995, his wife brought a wrongful death lawsuit against the vessel's owner.
Acute myeloid leukemia is an aggressive type of cancer that can be fatal within one or two months if treated immediately. It is typically treated with chemotherapy, but in certain cases radiation or targeted therapy are also possible.
We have obtained defense verdicts in two cases where plaintiffs claimed brain injuries due to exposure to solvents throughout their 23-year journey on rail. The defense provided expert testimony by a medical expert regarding causality, industrial hygiene and the jury found that the workplace of the railroad was reasonably safe.
Creosote Exposure
It is a mix comprised of hundreds of chemicals used to preserve wood, such as railroad ties. It is a mixture of carcinogens that are known such as polycyclic aromatic hydrocarbons (PAHs). The PAHs present in creosote may be absorbent through the surface the skin, or ingested by drinking water that is affected by this chemical. PAHs are also absorbed through the lungs, where they could 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 that are of the second and third degree. The coal tar creosote contains made up of PAH compounds, including naphthalene as well as other carcinogenic compounds such as acenaphthene.
Exposure to creosote can affect the health of workers and their families as well. For instance, some employees have developed papular basal cell carcinomas that are common skin cancers that can spread to other regions of the body. Other workers have suffered from chronic lung disease as well as liver and esophageal fibrosis and chronic bronchitis.
In many cases, the railroad industry fails to communicate adequately with employees on the dangers of long term exposure to toxic substances. It is not unusual for railroad employees to leave cranes, diesel locomotives, or forklifts running while working. Diesel exhaust from these engines can be inhaled and ingested. They also immerse rags in benzene-containing solvents to clean equipment and tools.
Workers' Compensation
Railroad workers who contract cancer or another chronic disease because of exposure to toxic chemicals such as benzene or Creosote could be entitled to reimbursement for medical expenses and other losses. A New York railroad cancer attorney can assist workers in pursuing claims for financial damages under the Federal Employers Liability Act, or FELA.
Many diseases resulting from occupational exposure to carcinogenic chemicals like asbestos and diesel fumes, are not evident until the worker is older. Therefore the statute of limitations in most cases only runs for three years from the time an individual is first diagnosed with the illness. This is why it is essential to contact an experienced lawyer for railroad injuries as soon as they can after they are diagnosed.
In a recent lawsuit, Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by an employee of a railroad who was diagnosed with leukemia after a long period of exposure to toxic chemicals. The plaintiff claimed that the company was in violation of FELA for not providing their employees with the proper safety equipment and training.
The jury gave 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 to a variety of harmful chemicals such as benzene, creosote and degreasing solvents while working for the company.
FELA
When a former railroad worker is diagnosed with cancer resulting from exposure to toxic substances while on the job or at work, they can file a claim under the Federal Employers Liability Act, or FELA. Unlike workers' compensation statutes that provide victims with medical expenses and a portion of lost wages, FELA is a fault-based statute that requires proof that the railroad's employer did not adequately protect its employees from the dangers of chemical exposures.
Railroad companies are often involved in FELA lawsuits involving occupational illnesses. Defense lawyers often argue that the former employee is unable to pinpoint specific instances of unhealthy conditions. They also point out the lack of tests conducted by the government that prove the presence or carcinogens or toxins in equipment or parts employed by railways.
In a successful FELA claim and a successful FELA claim, the family members of the victim may be compensated for past and future suffering and pain as well as loss of enjoyment of life, mental suffering, and other damages. If the victim dies due to their injuries, a wrongful death claim could be filed to recover the compensation of the deceased's family members.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to help injured railroad workers obtain the financial help they require. Contact us for a complimentary consultation. We represent railroad workers across the United States including New York City, Boston and Hartford, St. Louis and Denver among others.