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FELA Lawsuits - Why You Should File a Railroad Lawsuit

The Federal Employer's Liability Act gives railroad workers, old and new employees, the right to sue their employer if they develop cancer, or another chronic illness caused by exposure to benzene fumes, diesel fumes, and other carcinogens. Call for a free consultation with an experienced railroad lawyer today.

FELA Lawsuits

Railroads transport goods, services, and even people across the nation every day. It takes a significant number of railroad employees to operate and manage these huge systems. The work of a railroad worker is extremely dangerous despite the technological advancements. This is why the Federal Employers Liability Act (FELA) was passed to protect injured railroad workers.

In contrast to workers' comp which is a no-fault insurance system and no-fault, claimants must prove their railroad employer was negligent to get a payment under FELA. Generally, this is achieved through showing that the railroad violated some federal norm, for example the Occupational Safety and Health Administration 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 pure comparative negligence criterion which permits people to claim damages regardless of whether their actions contributed to their injuries.

The attorneys at Shaw Cowart have extensive experience in FELA claims and know how to evaluate the evidence in these cases. Since the time for filing a FELA claim is limited, it is important to find an attorney early enough after your injury. union pacific railroad lawsuit allows us time to collect documents, statements, and other evidence. Contact us today to set up a an appointment with an attorney representing railroads.

Exposure to Carcinogens

Railroad workers face the possibility of contracting a variety of illnesses as a result of exposure to toxic chemicals and toxins while on the job. cancer lawsuit have been exposed for decades to diesel fumes and welding fumes. They also are exposed to lead, asbestos silica, creosote, and creosote. These chemicals can cause cancer or other diseases among railroad workers. If a past or current railroad employee has an illness directly related to the chemicals they were exposed to at work they could be eligible to make an FELA suit.

Many studies have shown that railroad workers be more susceptible to a high rate of cancer than those in other occupations. Some of the most prevalent types of cancers that occur among railroad workers are lung, esophageal and throat cancers as well as basal cell carcinomas that affect the neck and head.

One of the most frequent carcinogens railroad workers are exposed is benzene. The gas is colorless and with a pleasant odor. It was banned more than 20 years ago in the United States, but it can still be found in crude oil and diesel exhaust. It is also an ingredient in a variety of solvents and degreasers. Latonya Paige is suing BNSF and the City of Houston and Texas after her nephew died of leukemia. Her lawsuit claims that the railroad and city affected her neighborhood by dumping toxic chemicals from the railroad's train yard. Giles lived only a couple blocks away from the rail yard as well as the creosote treatment sites.

Cancer Symptoms

Railroad transportation is vital to the American economy. Every year, America's rail lines carry 30 million passengers and 1.6 billion tons of freight, which includes food, lumber and other materials, crude oil, grain, vehicles chemicals, crushed stone and metal ore. Railroad workers are exposed range of dangerous materials, and many develop illnesses such as cancer as the result. A FELA injury lawyer can help you file an action against your employer.

For instance, a former Union Pacific worker claims that the company's negligence led him to develop basal cell carcinoma, which is a skin cancer. He claims that exposure to sunlight radiation and creosote coated railroad ties from 1968 until 2009 caused the condition. He also complains that his workplace was not equipped with the proper safety equipment to shield him from his workplace hazards.

LaTonya Paige, a third plaintiff claims that her breast cancer was triggered by her job at the Union Pacific rail yard. The Houston resident said she first noticed an area of breast cancer in 2016. When doctors removed the lump they discovered that it was malignant. The cancer has expanded to her lymph nodes, lungs, the esophagus, and her liver.

The Houston mayor has asked the Biden administration to seek fines and orders to clean up of a Union Pacific site in his city. The site was used for storage of railroad tie made from wood treated with coal tar and other toxic chemical mixtures up to the 1980s. In a study that was released by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer bladder cancer colon and rectal cancers, and rheumatoid arthritis.

The signs of other Diseases

Railroad workers are at risk of serious health issues, particularly if 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 the maximum amount of the compensation they're entitled to.





According to research, workers in the railroad sector are more prone to developing cancer. If the workers are working in locomotives or working in yards, they are typically exposed to harmful chemicals. A study found that railroad workers exposed to diesel exhaust had a greater risk of developing lung cancer. Another chemical that has been associated with cancer among railroad workers is benzene, which is present in many solvents and degreasers employed by railroad companies. It is also present in diesel exhaust and has been proven to cause non Hodgkin lymphoma among rail 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 many years. He claimed that he was not required to wear protective equipment while installing railroad ties that were soaked in creosote. He also claimed that he was exposed degreasing solvents and lead. He suffered from myelodysplastic syndrome (MDS) that eventually progressed to acute myeloid leukemia.