FELA Lawsuits - Why You Should File a Railroad Lawsuit

The Federal Employer's Liability Act gives railroad workers, both former and current who are currently employed, the right of suing their employer if they suffer from cancer or any other chronic illness, due to exposure to benzene fumes diesel fumes, and other carcinogens. Contact us for a no-cost consultation with a knowledgeable railroad attorney today.

FELA Lawsuits

Every day railroads transport people, goods and services throughout the nation. It requires a lot of railroad employees to operate and manage these massive systems. Despite advances in technology the work of a railroad worker is extremely dangerous. The Federal Employers Liability Act was created to protect railroad workers who are injured.

Contrary to workers' compensation which is a no-fault insurance system plaintiffs must show that their railroad employer was negligent to get a payment under FELA. Generally, this is achieved through showing that the railroad's actions violated a federal standard, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.

Negligence is generally easier to prove in FELA lawsuits than in other personal injury or workers' comp cases. This is due to the pure comparative negligence criterion which allows workers to recover damages regardless of whether their actions caused their injuries.

The lawyers at Shaw Cowart have extensive experience in FELA claims and know how to investigate the evidence in these cases. Because the timeframe for filing an FELA claim is very limited so it is crucial to seek out an attorney immediately following your injury. This allows us time to collect statements, documents, records and other evidence. Contact us today to arrange a one-on-one consultation with an attorney experienced in railroad litigation today.

Exposure to carcinogens

Railroad workers face the possibility of contracting a variety of ailments due to exposure toxic chemicals and toxins working. Railroad workers have been exposed for decades to welding fumes and diesel fumes. They also are exposed to asbestos, lead creosote and silica as well as creosote and creosote. These chemicals can cause cancer and other ailments among railroad employees. If a former or current railroad worker develops a condition which is directly linked to the chemicals they were exposed to on the job, they may be eligible to make an FELA class action lawsuit against union pacific railroad.

Many studies have shown railroad workers to be more susceptible to developing cancer than other jobs. The most frequent types of cancers seen in railroad workers are throat, esophageal, lung cancers, as well as basal cell carcinomas that affect the head and neck.

One of the most frequent carcinogens that railroad workers are exposed to is benzene. The smell of benzene is sweet and is an odorless, colorless gas. It was banned in the United States more than 20 years ago but is present in crude oil, gasoline and diesel exhaust. It is also a component in some solvents and degreasers. Latonya Paige is suing BNSF and the City of Houston and Texas after her nephew died of leukemia. The lawsuit alleges that the railroad and city affected her neighborhood by dumping toxic chemicals from the railroad's train yard. Giles lived only a couple blocks from the rail yard as well as the creosote treatment facilities.

Symptoms of Cancer

Railroad transportation is vital to the American economy. Every year, America's rail lines transport 30 million passengers and 1.6 billion tons of freight, including food timber, crude oil, grain, Railroad Lawsuit automobiles, chemicals, crushed stone and metal ore. Railroad workers are exposed to a broad range of hazardous substances, and many develop illnesses such as cancer as the result. A FELA injury lawyer could help you file a class action lawsuit against union pacific railroad against your employer.

One former Union Pacific employee claims that the company's negligence caused his basal cell cancer, which is a kind of skin cancer. He claims that his exposure to sunlight and creosote-coated railroad ties from 1968 to 2009 contributed to the condition. He also claims that he did not receive the necessary safety equipment to safeguard himself from workplace hazards.

LaTonya Paige, another plaintiff who claims that her breast cancer was triggered by her job at a union pacific railroad lawsuit Pacific rail yard. Houston resident LaTonya Payne first noticed the lump on her breast in the year 2016. The lump was later found to be malignant when doctors removed it. The cancer has spread to her lymph nodes, lungs, liver and esophagus.

The Houston mayor has contacted the Biden administration to seek fines and orders to clean up of the Union Pacific site in his city. The site was used to store wooden railroad tie treated with coal tar and other poisonous chemical mixtures until the 1980s. In a study published by Texas health officials in January, the region was associated with clusters of acute leukemia, lung cancer bladder cancer, colon and rectal carcinomas as well as rheumatoid arthritis.

Symptoms of other diseases

Railroad workers are at risk of numerous health risks, particularly those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway employees to seek compensation when their employer breaks the law. Chaffin Luhana is committed to ensuring that victims receive the full compensation they are due.

According to studies, workers in the railway industry are more prone to developing cancer. When workers are inside locomotives or railroad Lawsuit working in yards, they are frequently exposed to harmful chemicals. For instance an investigation has shown that railroad workers exposed to diesel exhaust were more likely to develop lung cancer. Benzene is another chemical that has been linked to cancer in railroad workers. It is present in a wide range of solvents, degreasers and other products used in the rail industry. It is also present in diesel exhaust and is believed to cause non Hodgkin lymphoma in railway workers.

In September, a jury awarded $7.5 million to an employee of the railroad who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for many years. He claimed that he was not wearing protective equipment while installing railroad tieways that were soaked with creosote. He also claimed to have been exposed to degreasing and lead-based agents. He was suffering from myelodysplastic disorder (MDS) which later progressed to acute myeloid leukemia.