FELA and Railroad Lawsuits
Workers exposed to harmful chemicals like coal fumes, diesel exhaust or asbestos can suffer from serious illnesses such as cancer. A successful FELA case could award damages to cover medical expenses, loss of income and suffering and pain.
Union Pacific recently awarded $7.5 Million to one of their railroad workers who developed Leukemia. This is only one example of the justice system standing up for the victims.
Benzene
Railroad workers are frequently exposed to hazardous substances and chemical solvents, including benzene. Benzene is a highly evaporative liquid that can be absorbed through the skin or inhaled. It has been linked to several medical conditions like cancer blood-related cancers, such as leukemia and Lymphoma, and bone-marrow diseases. It is also a substance that causes cancer and a constituent in coal tar creosote, which is used to shield railroad tie from sunlight, heat and rain.
One former rail worker claimed that his exposure to benzene while working with coal tar creosote on railroad ties caused Myelodysplastic Syndrome (MDS), that progressed to Acute Myeloid Leukemia. railroad lawsuit settlements handed him $7.5 million last September.
If you have been diagnosed with cancer or other chronic diseases due to daily exposure to radioactive substances benzene asbestos and other harmful chemicals, are entitled to claim compensation under FELA. Based on the type of cancer or illness the time limit for filing a claim may vary, so it is essential to consult with a knowledgeable lawyer as soon as possible.
Shaw Cowart's railroad attorneys can help you determine if your case is suitable for a FELA lawsuit. We offer free consultations and we're familiar with FELA and railroad workplaces.
Asbestos
Our attorneys have represented railroad workers who were diagnosed with lung cancer or other health issues due to asbestos exposure. They worked in areas like repair shops, engine rooms and yards, or on track equipment or rail cars with asbestos insulation. This kind of asbestos can be extremely hazardous, as when it deteriorates tiny fibers are released in the air. These fibers could be inhaled by workers on railroads and cause mesothelioma along with other asbestos-related illnesses like lung cancer, asbestosis, pleural plaque and fibrosis.
In addition to asbestos railroad workers are at risk of developing lung diseases from diesel exhaust and exposure to other workplace toxics such as solvents, welding fumes and silica sand. These fumes can cause harm to the lungs, kidneys and the gastrointestinal tract. These injuries are often diagnosed years after a worker's initial exposure and can result in many serious and debilitating medical issues.
A recent case against Conrail exposes the dangers associated with this kind of work. The Appeals Court upheld a jury award of $2.3 million against the railroad company in respect of an employee of the railroad who died from mesothelioma. A jury awarded damages to compensate for the pain and suffering along with companionship loss, future medical expenses and other losses. This case highlights the importance to work with an experienced attorney who can quickly evaluate whether a FELA claim is legitimate.
Radioactive Substances
People exposed to radioactive substances could develop cancer or other serious ailments. These substances are often hidden in the materials used by railroads to clean tracks and other rail yards. It can be difficult to recognize them unless the railroad's company tests for Gamma and Alpha radiation. If a railroad employee develops cancer or another illness caused by exposure to carcinogenic materials at work, he could make a FELA and receive compensation from the company he worked for previously.
Railroad workers are more likely than other workers to develop cancer. They are constantly exposed to toxins which can cause lung cancer. They are exposed to asbestos or Sand (silica) welding fumes, or diesel fumes.
Railroad workers who have been diagnosed with cancer as the result of exposure on the job should consult a railroad lawyer as soon as they can. They can assist them in determining whether they have a legal claim against their former employers and initiate the appropriate lawsuits in accordance with FELA. These lawsuits can cover the payment of medical expenses as well as loss of income and pain and suffering. They can also compensate for the loss of a loved one in a wrongful-death claim. A knowledgeable railroad attorney can help victims receive the full amount of compensation they are entitled to under FELA.
FELA
Engineers, conductors, and train crew members work in hazardous environments that can cause damage to their lungs without even realizing. If a former railroad worker has been diagnosed with an illness such as lung cancer or another condition that could be related to their job, they may be able to claim compensation under the Federal Employers Liability Act (FELA).
Contrary to claims for workers' compensation, FELA allows injured railroad employees and the families of deceased employees to file lawsuits for damages that include future and past medical expenses and emotional suffering. A lawyer familiar with rules of FELA can explain your options to file.
To be successful in a FELA claim, you must prove that your employer acted negligently. The definition of negligence can be as simple as breaking a rule or law, failing to meet an acceptable standard of care, and many more. A FELA lawyer can review your case and determine whether railroad negligence was a factor in your condition.
A variety of lung diseases and illnesses can be attributed to exposures from railroads. If you were exposed in your railroad career to diesel exhaust or other toxins, such as creosote and asbestos or creosote, a mesothelioma lawyer can assist you in filing claims for compensation under the FELA. The FELA cases handled by Hughes Law Offices in the past have resulted in a range of verdicts and settlements.