A Railroad Lawsuit For Acute Myeloid Leukemia Rail workers are frequently exposed to substances and chemicals that can cause cancer, such as asbestos and benzene. If you have been diagnosed with cancer and believe that your exposure to these chemicals during your job caused it, you could be entitled to compensation. The FELA allows railroad workers to sue for negligence. Contact a specialist railroad lawsuit acute myeloid leukemia lawyer for more information. Benzene Exposure The colorless, toxic gas that can cause cancer in individuals who are exposed over long durations. It is created in the atmosphere as well as through the release of gas and tobacco smoke. The human body may also absorb benzene through the skin. Railroad workers who have been diagnosed with cancer as a result of exposure to benzene could be eligible to file a claim against their employer to receive compensation. In one instance, a deceased railroad employee's widow was awarded $1,500,000 in damages from the company that employed him. Her late husband worked as pumpman on a variety of tankers in the 1970s and 80s, and was frequently exposed to benzene. When he passed away from acute myeloidleukemia in 1995 his wife filed a wrongful-death claim against the vessel's owner. Acute myeloid cancer is a cancer that spreads quickly and can be fatal within just a few months after diagnosis if it isn't treated. It is most commonly treated with chemotherapy, but in certain cases radiation therapy and targeted therapy are also possible. We obtained defense verdicts in two cases, where plaintiffs claimed brain injury from exposure to solvents over their 23-year rail career. The defense provided expert testimony on medical causation and industrial hygiene and the jury concluded that the railroad's work environment was relatively safe. Creosote Exposure It is a mixture comprised of hundreds of chemicals that are used to preserve wood such as railroad ties. It is a mixture of known carcinogens, including polycyclic aromatic hydrocarbons (PAHs). The PAHs present in creosote are taken up through the surface of the skin or ingested by drinking water that has been infected with this chemical. PAHs can be absorbed into lungs where they can cause lung cancer. Inhalation exposure to creosote can cause a variety of symptoms such as irritation to the respiratory tract, eye problems nausea and vomiting. It can also cause second and third degree burns to the skin. Coal tar creosote consists of a number of PAH compounds, including naphthalene, acenaphthene as well as fluorene and phenanthrene All of them are carcinogenic. cancer lawsuit can affect the health of employees and their families, as well. For instance, some workers have developed basal cell cancers of the papular type which are typical occupational skin cancers that can spread to other areas of the body. Others have suffered from chronic lung disease, esophageal and liver fibrosis and chronic bronchitis. The railroad industry doesn't always effectively inform its employees regarding the dangers associated with exposure to long-term toxic substances. For instance, it's not unusual for railroad workers to leave diesel-powered engines, forklifts and cranes running while they work. These engines generate large amounts of diesel exhaust that can be ingested or inhaled through the lung. Bladder cancer lawsuit soak rags in solvents that contain benzene to clean machines and tools. Worker's Compensation Railroad workers who develop cancer or another chronic disease due to exposure harmful chemicals like benzene and Creosote may be eligible for reimbursement for medical expenses and other expenses. A New York railroad cancer lawyer could assist those seeking claims under the Federal Employers Liability Act (FELA) for damages in the form of money. Bladder cancer lawsuit related to exposure to carcinogenic substances at work, such as asbestos and diesel fumes, don't manifest until a worker reaches an older age. Therefore the statute of limitation typically only lasts for three years from the point someone is first diagnosed with the illness. It is therefore important to contact an attorney who handles railroad injuries promptly after being diagnosed. In a recent case Napoli Shkolnik PLLC successfully defended a lawsuit filed against our client by a former railway employee who was diagnosed with leukemia after decades of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA for failing to provide their employees with the required safety equipment and training. The jury gave the plaintiff $7.5 million in damages, after determining that his cancer was linked to his job on the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals such as creosote, benzene and other degreasing agents. FELA If a former railroad employee is diagnosed with cancer as a result of toxic exposures on the job, they may make a claim under the Federal Employers Liability Act, or FELA. Contrary to the statutes for workers' compensation which cover medical expenses as well as lost wages to the victims, FELA is a statute based on fault, which requires evidence of the railroad company not protecting their employees from the dangers posed by exposure to chemicals. Railroad companies typically fight FELA lawsuits involving occupational illnesses. Their defense attorneys commonly argue that the ill former employee isn't able to identify specific instances of exposure to harmful substances. They also point out the lack of official test results showing the presence of toxins or carcinogens found in equipment or components manufactured and used by the railway company. In the event of a successful FELA claim the family members of the victim are entitled to compensation for their past and future suffering and pain, loss in enjoyment of life, mental distress, and other damages. If the victim dies as a result of their injuries or other causes, a wrongful-death claim may be pursued to seek the compensation of the deceased's family members. At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to help injured railroad workers get the financial support they need. Contact us to schedule an evaluation of your case at no cost. We represent railroad workers across the country including New York City, Boston and Hartford, St. Louis and Denver among others.
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