FELA Lawsuits - Why You Should File a Railroad Lawsuit The Federal Employer's Liability Act (FELA) allows current, former, and retired railroad workers the right to file a lawsuit against their employer if they suffer from cancer or other chronic illnesses because of exposure to benzene (creosote), benzene carcinogens like diesel fumes, and other. Call today for a free consultation with a skilled railroad lawyer. FELA Lawsuits Every day railroads transport people goods, and services across the country. It takes a significant number of railroad workers to operate and manage these massive systems. The work of a railroad worker is extremely hazardous, despite the technological advancements. That's why the Federal Employers Liability Act (FELA) was enacted to protect railroad workers injured. In contrast to workers' compensation, which is a no-fault program the claimants who are covered under FELA must demonstrate that their railroad's employer was negligent in order to be eligible for payment. Generally, this is achieved through showing that the railroad's conduct violated a federal standard, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act. Negligence is usually simpler to prove in FELA lawsuits than it is in other personal injury or workers' comp cases. railroad class action lawsuit is due to the the concept of comparative fault, which allows individuals to claim damages regardless of the fact that they contributed to their injuries. The lawyers at Shaw Cowart have extensive experience in FELA claims and know how to evaluate the evidence in these cases. Since the time for filing a FELA claim is limited so it is crucial to hire an attorney early enough after your injury. This allows us time to collect statements, documents, records and other evidence. Contact us today to schedule an appointment with an attorney for railroad litigation. Exposure to carcinogens Railroad workers are at risk of contracting various diseases as a result of exposure toxic chemicals. Railroad workers are exposed for a long time to diesel fumes, welding fumes, and welding fumes. They also are exposed to asbestos, lead, creosote, silica, and creosote. These chemicals can cause cancer and other ailments among railroad employees. If a former or current railroad employee suffers from an illness that is directly attributed to the chemicals they were exposed to on the job, they may be eligible to bring an FELA lawsuit. Numerous studies have found railroad workers to be more susceptible to developing cancer than other jobs. Some of the most common types of cancers that occur in railroad workers are throat, esophageal, lung cancers as well basal cell carcinomas on the neck and head. One of the most common carcinogens railway workers are exposed to is benzene. Benzene has a sweet smell and is an odorless and colorless gas. It was banned more than 20 years ago in the United States, but it remains in crude oil and diesel exhaust. It is also a component in some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. The lawsuit alleges that the railroad and city contaminated the neighborhood with toxic chemicals from the railroad's rail yard. Giles lived just a few blocks away from the creosote and rail yard. Cancer symptoms Railroad transportation is vital to the American economy. Every year, America's rail lines transport 30 million people and 1.6 billion tons of freight, including food lumber, crude oil, grain, automobiles and chemicals, as well as crushed stone and metal ore. Railroad workers are exposed to a broad range of dangerous materials and are prone to developing diseases such as cancer as a result. A FELA injury attorney could assist you in filing a claim against your employer. One former Union Pacific employee claims that the company's negligence led to his basal cell cancer, which is a type of skin cancer. He claims that his exposure to sunlight and creosote-coated railroad ties between 1968 and 2009 contributed to the condition. He also claims that he did not have the proper safety equipment to protect oneself from the hazards of his job. LaTonya Paige, a second plaintiff, claims that her breast cancer was triggered by her job at a Union Pacific rail yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in 2016. The lump was later found to be malignant when doctors removed it. The cancer has expanded from her lymph nodes to her liver, lungs, and esophagus. The Houston mayor has contacted the Biden administration to seek penalties and orders for the cleanup of the Union Pacific site in his city. The site was used for storage of railroad tie made from wood treated with coal tar as well as other toxic chemical compounds until the 1980s. In a study released by Texas health officials in January, the region was associated with clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers as well as rheumatoid arthritis. The symptoms of other illnesses Railroad workers are at risk of serious health problems, especially when they are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation if their employer breaks the law. Chaffin Luhana is dedicated to ensuring that victims receive the full amount of the compensation they're entitled to. Research has shown that those working in the railroad industry are more likely to develop different forms of cancer. Workers are exposed to harmful chemicals, whether they are working inside locomotives or in yards. For instance the study found that railroad workers exposed to diesel exhaust were more likely to develop lung cancer. The chemical Benzene has been associated with cancer among railroad workers. It is found in a wide range of solvents, degreasers and other products used in the railway industry. It is also a constituent of diesel exhaust, and it is believed to cause non-Hodgkin lymphoma in railroad workers. In September an indictment, a jury handed $7.5 million to a railroad worker who developed leukemia. The plaintiff worked for Chicago and North Western Railroad and then Union Pacific Railroad Company for many years. He claimed that he did not wear protective equipment while installing railroad tieways that were soaked with creosote. He also alleged that he was exposed degreasing solvents as well as lead. He suffered from myelodysplastic syndrome (MDS) which eventually led to acute myeloid leukemia.
railroad class action lawsuit
