FELA Lawsuits - Why You Should File a Railroad Lawsuit

The Federal Employer's Liability Act (FELA) allows current, former, and amount retired railroad workers the right to bring a lawsuit against their employer if they develop cancer or other chronic illnesses because of exposure to benzene, creosote and carcinogens, and diesel fumes. Contact us today for a complimentary consultation with a skilled railroad lawyer.

FELA Lawsuits

Every day railroads transport people, goods and services throughout the nation. It requires a lot of railroad workers in order to operate and manage these massive systems. The job of a railway worker is extremely dangerous despite technological advances. This is why the Federal Employers Liability Act (FELA) was enacted to protect railroad workers who have been injured.

Unlike workers' compensation, which is a no fault system claimants under FELA must prove that their railroad's employer was negligent in order to receive payment. This is typically accomplished by proving that the railroad's conduct violated a federal standard such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.

Negligence is usually easier to prove in FELA lawsuits than it is in other personal injury claims or workers' comp cases. This is due to the pure relative fault criterion, which permits workers to receive damages even if they were the cause of their injuries.

Shaw Cowart's attorneys have a wealth of experience with FELA claims, and they know how to examine evidence in these cases. It is essential to retain an attorney as quickly as you can after your injury since the deadline for filing a FELA claim is a short time. This will allow us to collect statements as well as documents, records, and other evidence before it disappears. Contact us today to set up a a consultation with an attorney representing railroads.

Exposure to Carcinogens

Railroad workers face the danger of contracting a range of illnesses due to exposure to toxic chemicals and toxins while on the job. For a long time, railroad workers have been exposed to welding fumes, diesel fumes, asbestos, lead silica, creosote and other. In turn, these chemicals can cause cancer and other ailments in railroad employees. If a former or current railroad lawsuit settlements employee suffers from an illness that is directly linked to the chemicals that they were exposed to while at work, they may qualify to make an FELA suit.

Numerous studies have revealed railroad workers to be more likely to develop cancer than other jobs. The most frequent kinds of cancers that are seen in railroad workers are lung, esophageal and throat cancers as well basal cell carcinomas on the neck and head.

Benzene is one of the most frequently used carcinogens which railroad workers are exposed. The gas is colorless and that has a sweet odor. It was banned in the United States more than 20 years ago, but it is present in gasoline, crude oil and diesel exhaust. It is also a component in some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas following the death of her nephew from leukemia. Her lawsuit claims the city and railroad contaminated the area with toxic chemicals that came from the rail yard. Giles lived just a few blocks from the railyard and creosote-treatment site.

Signs and symptoms of Cancer

Railroad transportation is essential to the American economy. Every year, America's railroads transport 30 million passengers and 1.6 billion tons of freight, including food and lumber crude oil, grain, vehicles, chemicals, crushed stone and metal ore. Railroad workers are exposed to a wide range of hazardous substances and are prone to developing illnesses such as cancer as the result. A FELA injury lawyer can assist you in filing an action against your employer.

One former Union Pacific employee claims that the company's negligence led to his basal cell cancer, which is a kind of skin cancer. He claims that exposure to sun radiation and creosote-coated railroad ties from 1968 until 2009 contributed to the condition. He also complains that his workplace was not equipped with the proper safety equipment to shield workers from hazards at work.

Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work at the Union Pacific track yard. Houston resident LaTonya Payne first noticed a lump on her breast in the year 2016. When doctors removed the mass and found it was malignant. The cancer has spread to her lymph nodes, lungs the liver, and esophagus.

The Houston mayor has contacted the Biden administration to seek penalties and orders for the cleanup of a Union Pacific site in his city. The site was used until the 1980s to store wooden blacklands railroad lawsuit ties which were treated with creosote, which is a chemical blend of coal tar as well as other toxic chemicals. In a study published by Texas health officials in January, the area was linked to clusters of acute leukemia, lung cancer bladder cancer, colon and rectal carcinomas and rheumatoid arthritis.

Signs and symptoms of other Diseases

Railroad workers face many health risks, and this is especially true for those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway employees to seek compensation when their employer violates the law. Chaffin Luhana is dedicated to ensuring that these victims receive the full amount of compensation they are entitled to.

According to research, those working in the railroad sector are more at risk of developing cancer. No matter if the workers are in locomotives or working in yards, they are typically exposed to harmful chemicals. For example, a study shows that railroad workers who were exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical that has been linked to cancer among wasatch railroad contractors lawsuit workers is benzene which is present in many degreasers and solvents used by railroad companies. It is also found in diesel exhaust and is believed to cause non Hodgkin lymphoma among railroad workers.

In September an indictment, a jury handed $7.5 million to the railroad worker who was diagnosed with leukemia. The plaintiff was employed at Chicago and North Western Railroad and later Union Pacific Railroad Company for decades. He claimed that he did not wear protective equipment while constructing railroad ties that were soaked in creosote. He also claimed that he was exposed degreasing solvents and lead. He was diagnosed with myelodysplastic Disorder (MDS), which eventually progressed into acute myeloid Leukemia.