Railroad Lawsuit Laryngeal Cancer: The Good, The Bad, And The Ugly

FELA Lawsuits - Why You Should File a Railroad Lawsuit

The Federal Employer's Liability Act (FELA) provides current, past, and retired railroad workers the right to bring a lawsuit against their employer if they contract cancer or another chronic illness from on-the-job exposure to benzene, creosote and carcinogens, and diesel fumes. Call today to schedule a consultation with a knowledgeable railroad attorney today.

FELA Lawsuits

Railroads transport goods or services as well as people throughout the country every day. It requires a huge number of railroad workers to run and manage these huge systems. The job of a railway worker is extremely hazardous, despite the technological advancements. The Federal Employers Liability Act was passed in order to protect railroad workers who are injured.

In contrast to workers' compensation, which is a no fault system, claimants under FELA must demonstrate that their railroad employer was negligent in order to receive a payment. This is typically done by proving that the railroad's actions violated any federal law, like the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.

Negligence is usually simpler to prove in FELA lawsuits than it is in other types of personal injury or workers' comp cases. This is due to the comparative fault criterion that allows individuals to claim damages even if they contributed to their injuries.

Shaw Cowart's lawyers have extensive experience in FELA claims and are able to investigate the evidence in these cases. It is important to hire an attorney as quickly as you can after your injury since the deadline for filing an FELA claims is limited. This allows us to collect statements, documents, records, and other evidence. Contact us today for a an appointment with an attorney for railroad litigation.

Exposure to carcinogens

Railroad workers are at risk of contracting various illnesses due to exposure to toxic chemicals. For decades, railroad workers have been exposed to diesel fumes, lead, asbestos, silica and creosote. This is why these chemicals can cause cancer and other ailments in railroad employees. If a former or current railroad employee develops an illness that is directly attributable to the chemicals they were exposed to on the job and is unable to cure it, they could be eligible to start a FELA lawsuit.

Numerous studies have proven railroad workers to be more likely to develop cancer than other occupations. The most frequent cancers among railroad workers include lung, esophageal, as well as throat cancers, aswell as basal-cell cancers of the head and neck.

One of the most common carcinogens railroad workers are exposed to is benzene. It is a colorless gas that has a pleasant smell. It was banned more than 20 years ago in the United States, but it is still found in crude oil and diesel exhaust. It is also a component of some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas, after her nephew died from leukemia. The lawsuit claims that the railroad and city affected her neighborhood by dumping toxic chemicals from the railroad's train yard. Giles lived two blocks away from the creosote treatment site and the railyard.

The symptoms of Cancer

Railroad transportation is critical to the American economy. Every year, America's rail lines transport 30 million passengers and 1.6 billion tons of freight, which includes food, lumber crude oil, grain, automobiles chemicals, crushed stone and metal ore. Railroad workers are exposed range of hazardous substances and a lot of them develop diseases such as cancer as a result. A FELA injury lawyer can help you file an action against your employer.

One former Union Pacific employee claims that the company's negligence led to his basal cell cancer, which is a kind of skin cancer. He claims that exposure to sunlight and creosote-coated railroad ties between 1968 and 2009 caused the condition. He also complains that he was not provided with the proper safety equipment to protect himself from the hazards of his job.

Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work on a Union Pacific track yard. Houston resident LaTonya Payne first noticed an enlargement on her breast in 2016. When doctors removed the mass and found it was malignant. The cancer has expanded to her lymph nodes, lungs, liver and esophagus.

The Houston mayor has contacted the Biden administration to seek fines and orders for cleanup of a Union Pacific site in his city. The site was used up to the 1980s to store wooden railroad ties which were treated with creosote an organic mixture of coal tar and other poisonous chemicals. In a study released by Texas health officials in January, the region was linked to clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers, and rheumatoid arthritis.

The symptoms of other illnesses

Railroad workers are at risk of serious health problems, especially in the event that they are exposed chemicals every day.  cancer lawsuit  gives railway workers the right to seek compensation if their employer is in violation of the law. Chaffin Luhana is dedicated to ensuring these victims receive the maximum amount of compensation they are entitled to.

According to studies, people in the railroad industry are more susceptible to developing cancer. When workers are inside locomotives or working in yards, they are frequently exposed to harmful chemicals. For example an investigation has shown that railroad workers exposed to diesel exhaust were more likely to develop lung cancer. Another chemical that has been associated with cancer in railroad workers is benzene, which is found in many solvents and degreasers employed by railroad companies. It is also present in diesel exhaust and is believed to cause non Hodgkin lymphoma among railway workers.

In September, a jury awarded $7.5 million to a railroad worker who developed leukemia. The plaintiff was employed at Chicago and North Western Railroad and later Union Pacific Railroad Company for decades. He claimed that he didn't wear protective equipment while installing railroad ties soaked with creosote. He also claimed that he had been exposed to lead and degreasing agents. He was suffering from myelodysplastic disorder (MDS) that eventually led to acute myeloid leukemia.