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A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to chemicals and substances that can cause cancer, such as asbestos and benzene. If you think that exposure to these substances while working has caused cancer, you could be entitled compensation.
cancer lawsuit allows railroad employees to sue their employers for negligence. For more information, contact a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
It is a colorless, toxic gas that can cause cancer in those who are exposed to it over long periods of time. It is created in the atmosphere as well as by gas emissions and tobacco smoke. The skin is also able to absorb the benzene. A railroad worker who developed cancer as a result of exposure to benzene may be eligible for monetary compensation 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 late husband was a pumpman on several tankers throughout the 1970s and 1980s. He was often exposed to benzene, a toxic chemical. After he died from acute myeloid leukemia in the year 1995 his wife filed a wrongful-death claim against the vessel's owner.
Acute myeloid Leukemia is an aggressive type of cancer that can be fatal within a few months if not treated immediately. The majority of cases, it is treated with chemotherapy. However, in some cases, targeted therapy and radiation might be employed.
We obtained defense verdicts for a class 1 railroad in two cases in which plaintiffs claimed that they suffered injuries to their brains due to solvent-induced exposure over their 23-year tenure on the rails. The defense presented expert evidence on medical causation, as well as industrial hygiene and the jury determined that the railroad's workplace was reasonably safe.
Creosote Exposure
It is a mix made up of hundreds of chemicals that are used to preserve wood such as railroad ties. It is a mixture of carcinogens which are well-known that include polycyclic aromatic hydrocarbons (PAHs). The PAHs that are found in creosote are taken up through the surface of the skin, or ingested by drinking water that is infected with this chemical. PAHs can also be absorbed into the lungs, and could cause lung cancer.
Inhalation of creosote may cause a variety symptoms, such as eye irritation, respiratory irritation and nausea and vomiting. It can also cause skin burns of the third and second degrees. Coal tar creosote consists of a number of PAH compounds such as naphthalene and acenaphthene fluorene, phenanthrene, and fluorene each of which is carcinogenic.
Creosote exposure could have a negative impact on the health of workers and their families. For instance, some workers have developed basal cell cancers of the papular type, which are common occupational skin cancers that can spread to other parts of the body. Others have been affected by chronic lung disease and liver fibrosis, esophageal and esophageal and chronic bronchitis.
The railroad industry doesn't always effectively inform its employees regarding the dangers associated with long-term exposure to toxic substances. For instance, it's not unusual for railroad workers to abandon diesel-powered locomotives, forklifts and cranes on the road while they work. These engines generate large amounts of exhaust fumes, which is ingested and breathed in through the lung. They also soak rags in benzene-based solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who develop cancer or develop another chronic disease due to exposure toxic chemicals like benzene and Creosote, could be entitled to reimbursement for medical expenses and other losses. A New York railroad cancer attorney could assist in pursuing claims for monetary damages under the Federal Employers Liability Act, or FELA.
Many diseases that are triggered by exposure to carcinogenic substances at work like diesel fumes and asbestos, don't manifest until a person reaches a certain age. Therefore the statute of limitation in the majority of cases is only for three years from the time a person is first diagnosed with the disease. This is the reason it is crucial to contact an experienced lawyer for railroad injuries immediately when they are diagnosed.
In a recent case, 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 toxic chemicals. The plaintiff claimed that the company violated FELA by failing to properly train their employees and equip employees with the correct safety equipment.
union pacific railroad lawsuit awarded the plaintiff damages of $7.5 million after concluding that the cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals like creosote, benzene and degreasing agents.
FELA
Former railroad workers who have been diagnosed with cancer as a result of toxic exposures at work may be eligible to claim compensation under the Federal Employers Liability Act (FELA). In union pacific railroad lawsuit to the workers' compensation laws which provide medical expenses and lost wages to victims, FELA is a statute based on fault that requires proof of the railroad employer not protecting their employees from the dangers that come with chemical exposures.
Railroad corporations often fight FELA claims that involve occupational diseases. Their defense lawyers often argue that the former employee isn't able to identify specific instances of exposures that are harmful. They also point out the lack of official tests that show the presence or carcinogens or contaminants in parts or equipment employed by railways.
A successful FELA claim is awarded compensation for past and future physical pain and suffering, loss of enjoyment of life, psychological suffering, and other damages. If the victim is killed due to the accident then the family can make a claim for wrongful death to receive the compensation.
At Napoli Shkolnik PLLC, we work with skilled FELA lawyers to assist injured railroad workers receive the financial help they require. Contact us today for a no-cost consultation. We represent railroad workers throughout the country, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.