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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 sue their employer if they develop cancer or suffer from another chronic illness due to exposure on the job to benzene (creosote), benzene diesel fumes and other carcinogens. Contact us today for a no-cost consultation with an experienced railroad lawyer.

FELA Lawsuits

Every day, railroads transport people, goods and services throughout the nation. These huge systems require an enormous number of railroad workers to operate and manage. Despite advances in technology the job of a railroad worker remains extremely hazardous. As such, the Federal Employers Liability Act (FELA) was passed to protect railroad workers who have been injured.

In contrast to workers' comp which is a no-fault system claims, the claimant must show that their railroad employer was negligent to get a payment under FELA. Generally, this is done through showing that the railroad violated some federal norm, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.

Negligence is generally easier to prove in FELA lawsuits than it is in other types of personal injury cases or claims. This is due to the comparative fault criterion that allows plaintiffs to claim damages even if they were the cause of their injuries.

The lawyers at Shaw Cowart have extensive experience in FELA claims and know how to examine the evidence in these cases. It is essential to engage a lawyer as quickly as you can after your injury as the deadline for filing an FELA claims is short. This allows us to collect statements, documents, records, and other evidence. Contact us today to arrange one-on-one sessions with an attorney who is experienced in railroad litigation today.

Exposure to Carcinogens

Railroad workers are susceptible to contracting diseases as a result of exposure toxic chemicals. For many years, railroad workers have been exposed to welding fumes, diesel fumes, lead, asbestos, silica and creosote. This is why these chemicals can cause cancer and other diseases among railroad employees. If a former or present railroad employee is suffering from an illness that is directly linked to the chemicals they were exposed to during their work, they may qualify to submit a FELA suit.

Numerous studies have proven that railroad employees tend to have a higher risk of cancer than those working in other jobs. Some of the most common cancers among railroad workers include lung, esophageal, and throat cancers, aswell as basal-cell carcinomas of the neck and head.

Benzene is among the most common carcinogens to which railroad workers are exposed. It has a pleasant smell and is an odorless and colorless gas. It was banned more than 20 year ago in the United States, but it is still found in crude oil and diesel exhaust. It is also a component in some degreasers and solvents. Latonya Paige is suing BNSF as well as the City of Houston and Texas after her nephew died of leukemia. The lawsuit alleges that the railroad and city contaminated the area with toxic chemicals that came from the rail yard of the railroad. Giles lived just two blocks away from the creosote-treatment facility and railyard.

The symptoms of Cancer

Railroad transportation is essential to the American economy. Each year, America's railroads transport 30 million passengers and 1.6 billion tons of freight, which includes food and lumber crude oil, grain, automobiles chemical, crushed stone and metal ore. Railroad workers are exposed range of dangerous materials and a lot of them develop 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 carcinoma, a kind of skin cancer. He claims that his exposure 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 the hazards of his job.

Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work at a Union Pacific track yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in the year 2016. When doctors removed the lump they discovered that it was malignant. The cancer has expanded from her lymph nodes to her lungs, liver, and esophagus.

Lymphoma lawsuit  has asked the Biden administration to seek fines and orders for the cleanup of the Union Pacific site in his city. The site was used until the 1980s to store wooden railroad ties which were treated with creosote, which is a chemical blend of coal tar and other poisonous chemicals. In a study that was released by Texas health officials in January, the region was linked to clusters of acute leukemia, lung cancer bladder cancer, colon and rectal carcinomas and rheumatoid joint.

Symptoms of Other Diseases

Railroad workers face a myriad of health risks, especially those who are exposed to chemicals on a regular basis. The Federal Employers Liability Act gives railway workers the right to pursue the right to compensation if their employer violates the law. Chaffin Luhana is dedicated to helping victims receive the complete compensation they deserve.

Kidney cancer lawsuit  has shown that those working in the railway industry are more likely to develop various forms of cancer. If the workers are working in locomotives or working in yards, they are usually exposed to harmful chemicals.  Kidney cancer lawsuit  found that railroad workers exposed to diesel exhaust had a higher risk of developing lung cancer.  Kidney cancer lawsuit  that has been associated with cancer among railroad workers is benzene which is found in many degreasers and solvents used by rail companies. It is also a constituent of diesel exhaust and is known to cause non-Hodgkin lymphoma in railroad workers.

In September an indictment, a jury decided to award $7.5 million to a railroad worker who was diagnosed with leukemia. The plaintiff was employed by Chicago and North Western Railroad and later for Union Pacific Railroad Company, for decades. He claimed he worked without protection equipment when he was installing railroad tieways that were immersed in creosote. He also claimed to have been exposed to degreasing and lead-based agents. He was diagnosed with myelodysplastic Syndrome (MDS) which later progressed into acute myeloid Leukemia.