A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers typically have long-term exposure to carcinogenic chemicals as well as substances such as creosote or benzene as well as asbestos. If you believe that exposure to these chemicals while working has caused cancer, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact an experienced railroad lawsuit acute myeloid leukemia lawyer for more information.
Benzene Exposure
It is a colorless, poisonous gas that can cause cancer in people who are exposed for prolonged durations. It is produced by the environment and also through the release of gas and tobacco smoke. The skin also absorbs the benzene. A railroad worker who developed cancer due to exposure to benzene may be eligible for compensation in the form of monetary payments from their employer.
In one case the widow of a railroad worker who passed away was awarded $1,500,000 by the company which employed her husband. Her husband was a pumpman for various tankers in the 1970s and 80s. He was exposed to benzene's toxic fumes. After his death from acute myeloid leukemia in 1995, his wife filed a claim for wrongful death against the vessel's owner.
Acute myeloid cancer is a type of cancer which spreads rapidly and can be fatal within the first few months after diagnosis if not treated. It is usually treated with chemotherapy. However, in some cases, targeted therapy or radiation could be utilized.
We obtained defense verdicts in two cases, in which plaintiffs claimed brain injury from solvent-induced exposure over their 23-year career on the railroad. The defense presented expert testimony on medical causation as well as industrial hygiene and the jury determined that the railroad's work environment was relatively safe.
Creosote Exposure
Coal creosote tar is a mix of hundreds of chemicals used to preserve wood, like railroad ties. It is made up of a variety of known carcinogens which include polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote are taken up through the skin, and can be ingested via drinking water contaminated with the chemical. PAHs also get absorbed by the lungs, where they could cause lung cancer.
Inhalation of creosote may cause many symptoms, including eye irritation, respiratory irritation and nausea and vomiting. It can also cause second and third degree burns to the skin. Coal tar creosote contains numerous PAH compounds that include naphthalene, acenaphthene as well as fluorene and phenanthrene each of which is carcinogenic.
Creosote exposure could affect the health of employees and their families, as well. Certain workers have developed papular base carcinomas (common occupational skin cancers) which may expand to different areas of the body. Some workers have also 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 about the dangers of a long-term exposure to toxic substances. For instance, it's not uncommon for railroad workers to leave diesel-powered engines, forklifts and cranes running during their work. These engines generate large amounts of diesel exhaust, which can be inhaled and ingested through the lung. pulmonary fibrosis lawsuit soak rags in benzene that contains solvents to clean machines and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or another chronic illness as a result of exposure to toxic chemicals like creosote or benzene may be entitled to compensation for their medical expenses and other damages. A New York railroad cancer attorney could assist those seeking claims for financial damages under the Federal Employers Liability Act, or FELA.
Many illnesses that are triggered by occupational exposure to carcinogenic substances such as diesel fumes, asbestos and silica are not likely to appear until a person is older. In most cases, the time limit for a statute of limitations is three years after the first diagnosis. This is why it is important that any potential victims contact an experienced railroad injury lawyer as soon as they can after they are diagnosed.
In a recent case, Napoli Shkolnik PLLC successfully defended a lawsuit filed against our client by a former railway employee who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA for failing to provide their employees with the necessary safety equipment and training.
The jury awarded the plaintiff $7.5 million in damages following the conclusion that his cancer was directly related to his job on the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals such as creosote, benzene and degreasing agents.
FELA
Former railroad employees who are diagnosed with cancer due to toxic exposures at work may be able to claim compensation under the Federal Employers Liability Act (FELA). Contrary to workers' compensation statutes which offer victims medical expenses as well as some lost 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 corporations often fight FELA claims involving occupational illnesses. Their defense attorneys commonly claim that the sick former employee is unable identify specific instances of exposure to harmful substances. They are also critical of official tests indicating the presence of carcinogens, or chemicals in the parts or equipment employed by railways.
If you win a FELA claim the family members of the victim can be compensated for past and future suffering and pain and loss of enjoyment life, mental distress and other damages. If the victim dies as a result then the family can pursue wrongful-death claims to claim the compensation.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to help injured railroad workers obtain the financial assistance they require. Contact us to schedule an evaluation of your case for free. We represent railroad workers throughout the country, including in New York City, Boston, Hartford, St. Louis, Denver, and other cities.