Railroad Settlement Leukemia
Railroad workers transport 30 million people and move 1.6 billion tonnes of freight each year. Many times, employees are exposed to hazardous chemicals that can lead to serious health issues as well as life-threatening illnesses such as cancer.
A railyard cancer attorney can help injured workers claim compensation under the Federal Employers Liability Act. FELA allows railroad workers, both current and former, to sue their employers in the event that they were negligent in causing cancer or other health issues.
FELA
The Federal Employers Liability Act (FELA) is a statute that allows railroad workers and their families to file a lawsuit against their employers if injured while working. As opposed to workers' comp which doesn't require an employee to prove negligence on the part of the employer, FELA claims are based on the notion that railroad companies must provide safe working conditions for their employees and educate workers on how to operate in a safe way.
This includes ensuring proper training, property maintenance, tools and safe equipment. If the railroad is not up to this regard, employees could be exposed to harmful and deadly materials that could cause serious injuries or illnesses. Railway workers who are injured, as well as their families, are entitled to damages including lost wages, medical expenses in the future, emotional stress and pain and suffering.
Railroad exposure can lead to a number of illnesses and injuries, including leukemia, mesothelioma (multiple myeloma) lung cancer, and mesothelioma. Furthermore, many railroad workers suffer from occupational diseases that can exacerbate existing conditions, such as fibromyalgia and spinal injuries.
The railroad industry has exposed countless families to dangerous chemicals every day. New York railroad injury attorneys assist injured workers and their loved ones file FELA claim to receive financial compensation for their medical expenses and other costs. This compensation will not reverse the harm, but it can alleviate your worries and help you get justice.
csx settlement of Limitations
Railroad workers suffering with cancer, kidney disease or other ailments due to decades of exposure to toxic fumes and chemicals must consult an experienced lawyer for railroads immediately. Federal law affords these workers the right of compensation, even if they develop the disease years or even decades after their last railroad employment.
James Brown, a railroad worker, was awarded $7.5M in damages due to the development of acute myeloid lymphoma (AML) after exposure to chemicals while working for Chicago & North Western Railway Co. and Union Pacific Railroad Co. for 18 and 13 years. Brown's job included washing equipment and rail ties and installing them, which required him to wear dirty clothes that allowed the chemicals, including creosote, to penetrate the skin.
The FELA statute of limitations in cases like these is based on the discovery rule which states that the three year clock does not start until the railroad worker knows or ought to have known that their illness is related to their job. This is an excellent reason why railroad workers should contact a seasoned railroad cancer lawyer immediately.
In addition to the possibility of a railroad settlement for those suffering from leukemia, victims may also claim compensation for lost wages in the past and in the future medical expenses that are not covered by insurance or pain and suffering and loss of companionship. An attorney for mesothelioma can provide an initial consultation for free to discuss the case.
Pre-existing Conditions
Every year railroads transport 30 million travelers and 1.6 billion tons of freight, including cars, trucks, chemicals, grains and other wood products, as well as vehicles metal ore, food, lumber and other items. Railroad workers are exposed to carcinogens and toxic chemicals which can lead to life-altering illnesses like leukemia.
Over the years, workers on rails were exposed to toxic materials such as asbestos, creosote and diesel exhaust, as well as benzene. Many have worked in workshops where diesel-powered locomotives, forklifts and cranes are constantly operating and caused fumes to fill the working areas. Workers also dipped rags in cleaners that contained benzene to wash equipment and components.
Railroad workers are at a greater chance of developing lung ailments including COPD. This could lead to heart attacks and strokes, as well as cancer. Smoking cigarettes can also cause respiratory ailments and make someone more prone to developing lung cancer.
If you suffer from an existing medical illness, it's essential to be upfront with your lawyer. Insurance companies will ask you about your medical background. If you lie or omit information, it could impact the amount you'll receive as settlement. If you're honest with your lawyer you'll be able to answer all of the questions they ask and stop them from finding any information that could hurt your case in the future.
Attorney Fees
Railroad workers are exposed to various carcinogens on the job, including benzene creosote, asbestos, and. Workers can claim compensation if they are diagnosed with cancer, or any other serious illness. This is done under the Federal Employers Liability Act. The amount of a railroad leukemia settlement can differ based on the circumstances that include the length of time that the worker was exposed. A experienced FELA cancer lawyer can assist an injured railroad employee determine the worth of their claim and negotiate with the insurance company to obtain the right amount of compensation.
In one case our railroad cancer lawyers successfully represented the railroad client in a FELA suit that claimed exposure of diesel exhaust and toxic chemicals had caused oropharynx carcinoma for the plaintiff. The judge granted summary judgment, finding that the statute of limitations had expired prior to the plaintiff's diagnosis as well as that his claims were barred by the previous release agreement.
If you've been diagnosed with railroad cancer or have any other health issues related to your exposure to work, contact us today to schedule a free legal consultation. We'll review your medical records and other documents to determine the amount the value of a settlement with the railroad could be worth. We can also discuss your eligibility for other forms of compensation, like future and past loss of wages or medical expenses that aren't covered by health insurance.