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FELA Lawsuits - Why You Should File a Railroad Lawsuit

The Federal Employer's Liability Act (FELA) gives current, previous and retired railroad workers the right to file a lawsuit against their employer when they develop cancer or another chronic illness because of exposure to benzene, creosote, carcinogens, and diesel fumes. Call today to schedule a consultation with an experienced railroad lawyer today.

FELA Lawsuits





Every day, railroads transport people, goods, and services across the country. It takes a significant number of railroad workers in order to operate and manage these massive systems. The work of a railroad worker is extremely risky, despite the technological advancements. That's why the Federal Employers Liability Act (FELA) was passed to protect railroad workers who are injured.

Unlike workers' comp that is a no-fault system and no-fault, claimants must prove their railroad employer was negligent in order to receive compensation under FELA. Generally, this is achieved by proving that the railroad's conduct violated a federal standard, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.

In FELA cases it is simpler to prove negligence than other personal injury lawsuits. This is due to the pure comparative negligence criterion that allows individuals to seek compensation regardless of whether their actions contributed to their injuries.

Shaw Cowart's lawyers have vast experience with FELA claims, and they know how to examine the evidence in these cases. It is essential to retain a lawyer as soon as you can following your injury as the time frame for filing a FELA claim is very short. This allows us time to collect statements, documents, records and other evidence. Contact us today to set up a an appointment with an attorney who handles railroad litigation.

Exposure to Carcinogens

Railroad workers are at risk of contracting various illnesses as a result of exposure to toxic chemicals. For a long time, railroad workers have been exposed to welding fumes, diesel fumes, asbestos, lead silica, creosote and other. These chemicals can cause cancer or other illnesses among railroad employees. When a former or current railroad employee develops a disease that is directly attributable to the chemicals they were exposed to during their work and is unable to cure it, they could be eligible to file a FELA lawsuit.

Numerous studies have revealed that railroad workers suffer from a higher rate of cancer than workers in other jobs. The most frequent cancers among railroad employees include lung, esophageal, as well as throat cancers, aswell as basal-cell cancers of the head and neck.

One of the most common carcinogens that railroad workers are exposed is benzene. The gas is colorless and with a pleasant odor. It was banned over 20 years ago in the United States, but it is still present in diesel and crude oil exhaust. It is also a component in some solvents and degreasers. Latonya Paige is suing BNSF as well as the City of Houston and Texas after her nephew died of leukemia. The suit claims that the railroad and the city contaminated the neighborhood with toxic chemicals from the railroad's rail yard. Giles lived just two blocks away from the railyard and creosote-treatment site.

Cancer The Symptoms

Railroad transportation is critical to the American economy. The railroads in America transport 30 million passengers every year, and 1.6 billion tonnes of freight. This includes lumber, food, crude grain, oil as well as cars as well as chemicals and metal ore. A FELA injury attorney can assist you in filing a claim against your employer.

For example, one former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, a skin cancer. He claims that his exposure to sunlight and creosote-coated railroad connections between 1968 and 2009 caused the condition. He also claims he did not receive the necessary protection equipment to shield himself from the hazards of his job.

Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work on an Union Pacific track yard. The Houston resident said she first noticed the lump in her breast in 2016. When doctors removed the mass, they found that it was malignant. The cancer has taken over her lymph nodes to her liver, lungs, and esophagus.

The Houston mayor asked the Biden administration for fines and orders to clean up the Union Pacific site located in his city. railroad lawsuit was used up to the 1980s to store wooden railroad ties which were treated with creosote, an organic mixture of coal tar and other harmful chemicals. In a study released by Texas health officials in January, the area was linked to clusters of acute leukemia, lung cancer bladder cancer colon and rectal cancers and rheumatoid joint.

The symptoms of other Diseases

Railroad workers are at risk of developing serious health issues, especially when they are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation if their employer breaks the law. Chaffin Luhana is committed to ensuring that victims receive full amount of compensation they deserve.

According to research, those working who work in the railroad industry are more likely to develop cancer. When cancer lawsuits are inside locomotives or working in yards, they are frequently exposed to harmful chemicals. A study revealed that railroad workers exposed to diesel exhaust had a higher risk of lung cancer. union pacific railroad lawsuit that has been linked to cancer in railroad workers is benzene that is found in a variety of solvents and degreasers utilized by railroad companies. It is also found in diesel exhaust and is known to cause non Hodgkin lymphoma in rail workers.

In September an indictment, a jury handed $7.5 million to a railroad worker who developed leukemia. The plaintiff worked for Chicago and North Western Railroad and later for Union Pacific Railroad Company, for a long time. He claimed that he did no wear protective equipment while installing railroad ties soaked with creosote. He also alleged that he was exposed to cleaning solvents and lead. He was diagnosed with myelodysplastic Syndrome (MDS), which eventually progressed into acute myeloid Leukemia.