A Railroad Lawsuit Esophageal Cancer Success Story You'll Never Believe

A Railroad Lawsuit For Acute Myeloid Leukemia

Rail workers are frequently exposed to chemicals and substances that can cause cancer, like asbestos and benzene. If you believe that exposure to these chemicals during work caused your cancer, you may be entitled compensation.

The FELA law allows railroad workers to sue their employers for negligence. For more details, contact an acute myeloid railroad lawsuit lawyer.

Benzene Exposure

The colorless, poisonous gas that can cause cancer in those who are exposed for prolonged periods of time. It is created in the environment and also by the emission of gas and tobacco smoke. Skin can also absorb benzene. Railroad workers who developed cancer as a result of exposure to benzene may be eligible for compensation in the form of monetary payments from their employer.

In one instance a railroad employee who died widow was awarded damages of $1,500,000 from the company which employed him. Her husband, who died in 1995, was a pumpman for various tankers in the 1970s as well as the 1980s. He was exposed to toxic benzene. When he passed away from acute myeloidleukemia in 1995 his wife filed a claim for wrongful death against the vessel's owner.

Acute myeloidleukemia is a fast-moving cancer that can be fatal in few months if treated immediately. It is typically treated with chemotherapy, but in some cases radiation and targeted therapy might be utilized.

We obtained defense verdicts for a class 1 railroad in two cases in which plaintiffs claimed to have suffered injury to their brains from solvent-induced exposure over their 23 years on the railroads. The defense provided expert evidence on medical causation, as well as industrial hygiene, and the jury found that the workplace of the railroad was reasonably safe.

Creosote Exposure

Coal creosote, also known as tar, is a blend of hundreds of chemicals that are used to protect wood, such as railroad ties. It is known to contain carcinogens including polycyclic hydrocarbons (PAHs). The PAHs that are found in creosote are taken up through the surface of the skin, or ingested by drinking water that has been contaminated with this chemical. PAHs can be absorbed into lung where they can cause lung cancer.

Creosote-inhalation exposure can cause a variety of symptoms that include irritation to the respiratory tract, eye problems, and nausea and vomiting. It can also cause second and third degree burns to the skin. Coal tar creosote has a variety of PAH compounds, including naphthalene, acenaphthene and fluorene. Phenanthrene is also a component, all of which are carcinogenic.

Creosote-related exposure can be detrimental to the health of employees and their families. Some workers have developed papular basis cell carcinomas (common occupational skin cancers) that can 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.

Often, the railroad industry fails to communicate adequately with employees on the dangers of a 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 could be inhaled or ingested. They also immerse rags in solvents that contain benzene to clean machines and tools.

Workers' Compensation

Railroad workers who are diagnosed with cancer or another chronic illness as a result of exposure to toxic chemicals such as creosote and benzene could be entitled to compensation for their medical expenses and other damages. A New York railroad cancer lawyer could assist those seeking claims under the Federal Employers Liability Act (FELA) to recover damages in cash.

Many illnesses that are triggered by occupational exposure to carcinogenic substances like diesel fumes, asbestos and silica do not manifest themselves until a worker is older. Therefore the statute of limitations in the majority of cases is only for three years after a person is first diagnosed with the illness. This is the reason it is crucial that any potential victims contact an experienced attorney for railroad accidents as soon as possible after being diagnosed.

In a recent case Napoli Shkolnik PLLC successfully defended an action brought against our client by a former railway employee who was diagnosed with leukemia after decades of exposure to toxic chemicals. The plaintiff claimed the company was in violation of FELA in failing to provide their employees with the required safety equipment and education.

The jury gave the plaintiff $7.5 million in damages, after determining that his cancer was directly related to his job on the Chicago & North Western Railroad. The man was exposed toxic chemicals including benzene, creosote, as well as degreasing solvents while working for the company.

FELA

Former railroad employees who are diagnosed with cancer because of exposure to toxic substances at work might be able to file a claim for compensation under the Federal Employers Liability Act (FELA). In contrast to workers' compensation laws, which provide victims with medical expenses and some lost wages, FELA is a fault-based law that requires proof that the railroad's employer failed to protect its workers from the dangers of chemical exposures.

Railroad companies are often involved in FELA lawsuits involving occupational diseases. Their defense attorneys commonly argue that the former employee cannot identify specific instances of exposure to hazardous substances. They also point out the absence of official test results that indicate the presence of toxic substances or carcinogens found in equipment or parts used by the railway company.

In the event of a successful FELA claim, the victim's family members can be compensated for past and future suffering and pain and loss of enjoyment life, mental suffering, and other damages. If the victim dies due to their injuries the wrongful death claim can be filed to seek compensation for the deceased's family members.

At Napoli Shkolnik PLLC, we work with skilled FELA lawyers to help injured railroad workers get the financial assistance they require. Contact  union pacific railroad lawsuit  to set up an evaluation of your case at no cost. We represent railroad workers across the nation, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.