Railroad Cancer Lawyer: How to File a FELA Railroad Lawsuit
Federal Employees Liability Act (FELA) allows railroad workers exposed to toxic chemicals to file an action. A lawyer from the railroad industry can examine your case and assist you in pursuing compensation.
Benzene has been linked to non-Hodgkin's lymphoma in a variety of studies. Other carcinogens found on trains include creosote and diesel exhaust.
Benzene
In many industrial businesses, there is a need for benzene to create plastic, dyes and adhesives. It is also present in cigarette smoke and gasoline, and it has been linked to a range of health issues that include acute myeloidleukemia (AML) chronic lymphocytic leukemia (CL), multiple myeloma as well as non-Hodgkin's lymphom. People who work in the oil refining, shoe manufacturing and chemical industries are at higher risk of exposure to benzene in comparison to other workers.
Railroad workers are usually exposed to a variety of carcinogens in the course of their job, including diesel fumes, welding fumes and silica. Rail workers who develop long-term illness or disease as a result exposure to workplace hazards could be able make a claim.
Napoli Shkolnik partner Patrick Haines has filed two cases in Fort Worth, Texas, against BNSF Railway, claiming injuries railroad employees suffered related to toxic exposures they received while working. The plaintiffs two men and the other female, claim various long-term health issues, like lung cancer, leukemia, bladder cancer and kidney cancer.
In the lawsuits filed against BNSF, it is alleged that the Railroad was negligent in failing to safeguard its workers from carcinogens, such as benzene. The lawsuits also assert that the Federal Employers Liability Act was breached. This law was passed in 1908 to ensure railroad workers have the right to sue their employers for work-related injuries and illness, even if the circumstances arise decades or years after a railroad worker's last employment.
Glyphosate
Glyphosate, also called an herbicide or plant-protecting chemical is utilized in a variety of crops. It is also a part of Roundup, the popular weed killer that is used by both home and commercial gardeners. Certain studies have linked it to certain types of cancer. The U.S. Environmental Protection Agency declared that glyphosate is "not likely to be cancerous to humans." However, the World Health Organization’s International Agency for Research on Cancer has been more critical and has called this product "probably carcinogenic."
A meta-analysis of 4 studies [17.2632] discovered an association between glyphosate and hairy cell leukemia. However, the I 2 and P values were low and heterogeneity did not appear to be statistically significant. A trim-and fill analysis was not able to identify bias in publications. The meta-RR was 1.4 (95% confidence interval = 1.0-1.9).
In the European Union, where glyphosate is classified as an active substance, EFSA has conducted an assessment of the substance's risks to human health. ECHA also performed a hazard assessment of the substance. The two EU regulators have coordinated their work plans to ensure that the results of both assessments will be considered when a decision is made on the renewal of glyphosate's authorization.
The EPA requires herbicide producers to conduct numerous studies that focus on the characteristics of the herbicide's toxicology as well as environmental fate and non-target effects. These data are also used to conduct formal risk assessments by the EPA. These assessments assess the probability of human harm by evaluating human biomonitoring and food residues monitoring data, and applying models to assess human exposure.
Creosote
Creosote, which is a chemical mixture which is used to lengthen the life span of railroad ties. It was used in a rail yard in Houston's Fifth Ward until 1984, and a plume of contamination from the site has spread into a poor, largely black community living near. Creosote has been identified as a probable cancer-causing substance, and residents have been fighting to get rid of the site for years.
In a recent railroad cancer verdict an ex-railroad worker filed a lawsuit against his employer, claiming that exposure to creosote solvents used for degreasing, as well as other dangerous substances led to his development of cancer. He claims to have contracted myelodysplastic disease which eventually progressed into acute myeloid cancer. The plaintiff claims he was responsible for picking up and dropping railroad ties off, after which he erected them "soaking wet." He says that the chemicals got soaked into his clothing and skin during his work and he also claimed that he did not had the proper safety equipment.
The lawsuit also claims that he was burned to his feet, hands and head, as well as from bad eyesight and weight gain due to the medication he's on for his disease. He also was suffering from impotence and memory issues. If you or someone you love has been diagnosed with leukemia and you need a lawyer, they can assist you in determining whether the toxic chemicals you use at your workplace might have contributed to the illness.
railroad lawsuit settlements
While it is no longer a problem in the United States, asbestos once played a significant role in railroad operations. Railroad workers who handled or were exposed to the toxic material had a higher chance of developing cancers like mesothelioma, among other lung diseases. Asbestos fibers are so thin that they can pass through the body before settling in the lungs. This can lead to scarring of the lungs, which is known as asbestosis or mesothelioma, an incurable disease that affects the lining of the lungs.
Railroad workers were exposed to dangerous chemicals such as Creosote and benzene. Despite the danger, some railroad companies resisted and denied the dangers associated with asbestos for a long time. This may have been because asbestos was profitable and they hoped that employees would not be able to show that their employers were negligent.
Anyone who has developed a disease or illnesses as a consequence of exposure to railroad materials should consider making an FELA claim. Compensation can help injured workers and their families as well as employers cover medical costs and other financial loss.
A FELA lawyer can review your case to determine the maximum amount of compensation that you may be entitled to receive. Contact a seasoned railroad accident lawyer today to arrange an appointment for a no-cost consultation.