Railroad Cancer Lawyer: How to File a FELA Railroad Lawsuit
Federal Employees' Liability Act (FELA) allows railroad workers exposed to toxic chemicals to submit claims. A railroad cancer lawyer can review your case and help you in seeking compensation.
class action lawsuit against railroads have linked benzene to non-Hodgkin lymphoma. Creosote and the exhaust of diesel are carcinogens that are found in trains.
Benzene
In many industries, the use of benzene is to create plastic, dyes and adhesives. It is also present in gasoline and cigarette smoke and has been linked to a range of health problems such as acute myeloid leukemia (AML) as well as chronic lymphocytic leukemia (CL) and multiple myeloma as well as non-Hodgkin's lymphom. People who work in the shoe manufacturing, oil refining and chemical industries are at a greater risk of benzene exposure over other workers.
In the course of working, railroad workers are exposed to a variety of carcinogens, such as welding fumes, diesel fumes, and silica crystalline. If a railroad worker develops a long term illness or disease due to workplace exposure, they might be eligible to file a suit under Federal law.
Napoli Shkolnik partner Patrick Haines has filed two cases in Fort Worth, Texas, against BNSF Railway over injuries railroad employees suffered as a result of toxic exposures on the job. The plaintiffs both males and the other female, are claiming various long-term health issues, including leukemia, lung cancer, kidney cancer, and bladder cancer.
The lawsuits filed against BNSF assert that the Railroad was negligent for not taking measures to protect workers from exposure to carcinogens such as benzene. The lawsuits also claim that the Federal Employers Liability Act was breached. This law was passed by Congress in 1908, to ensure railroad workers had the right to pursue employers for work-related ailments and injuries.
Glyphosate
Glyphosate is a herbicide, or chemical that protects plants, which is used on a variety of crops. It is also a component of Roundup which is the most popular herbicide that is used by both home and commercial gardeners. Certain studies have linked it with certain types of cancer. The U.S. Environmental Protection Agency has stated that glyphosate "is not likely to cause cancer in humans." The World Health Organization's International Agency for Research on Cancer however, on the other on the other hand, has been more critical of this product and called it "probably carcinogenic."
A meta-analysis of four studies [17,26,32] found an association between glyphosate exposure and the risk of hairy cell leukemia (HCL). The I 2 and P values, however, were low and the heterogeneity did not achieve statistical significance. A trim-and fill analysis was not able to detect publication bias. The meta-RR for the meta-RR was 1.4 (CI = 1.0 to 1.9).
In the European Union, where glyphosate is registered as an active substance, EFSA has conducted an assessment of the dangers posed by this substance to the health of humans. ECHA also conducted a hazard evaluation of the substance. The two EU regulators have synchronised their work plans so that the results of both assessments will be taken into consideration when a decision is made on glyphosate's renewal approval.
The EPA requires herbicide manufacturers to conduct a variety of studies focusing on the toxicological properties of the herbicide, environmental fate, and the possibility of non-targeted adverse effects. The EPA also conducts formal risk assessments using these data. These assessments determine the probability of harming humans by evaluating data on biomonitoring of human health as well as monitoring food residues and applying models of exposure.
Creosote
Creosote, which is a chemical mixture is used to extend the life span of railroad ties. It was used until 1984 in a railyard located in Houston's Fifth Ward. A plume of contamination has gotten into a predominantly black and low-income community within. Creosote is a suspected carcinogen, and the residents of the area have been fighting for years to clean the site up.
In a recent railroad cancer case an ex-railroad worker brought suit against his employer, claiming that exposure to creosote, solvents used to degrease and other dangerous substances caused him to develop cancer. He claims that he was diagnosed with myelodysplastic disorder, which later developed into acute myeloid lymphoma. The plaintiff claims that he was responsible for removing and dropping off railroad ties, then installing them "soaking wet." He claims that the chemicals got soaked into his clothing and skin during his work as a construction worker, and he never had the appropriate protective equipment.
The lawsuit states that he suffered from burns on his feet, hands, and head, bad eyesight, weight gain from medication he takes to treat his condition, impotence and memory loss. If you or someone you know is diagnosed with Leukemia, an attorney can help you determine whether toxic chemicals in your workplace may be the cause of the disease.
Asbestos
While it is no longer a problem in the United States, asbestos once played a key role in railroad operations. Railroad workers who handled or were exposed to the toxic material faced an elevated risk of developing cancers such mesothelioma and various other lung diseases. Asbestos is broken down into microscopically thin fibers that can travel through the body and lodge in the lungs. This can result in scarring of the lungs known as mesothelioma or asbestosis. a fatal disease that affects the lining of the lung.
Railroad workers were often exposed to dangerous chemicals, like benzene as well as creosote. Despite the dangers of asbestos, some railroad companies have ignored and dismissed asbestos hazards for a long time. It could have been because asbestos was profitable, and the company hoped employees wouldn't be able prove negligence.
Those who developed diseases or illnesses as a consequence of exposure to railroad materials should consider filing an FELA claim. Compensation is a way to help injured workers and their families with medical expenses as well as other financial losses.
A FELA lawyer will review your case and determine the total amount to which you are entitled. To set up a no-cost consultation, contact a knowledgeable railroad injury attorney today.