FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) gives current, former and retired railroad workers the right to file a lawsuit against their employer if they develop cancer or other chronic illnesses because of exposure to benzene or creosote, carcinogens like diesel fumes, and other. Contact us for a no-cost consultation with an experienced railroad attorney today.
FELA Lawsuits
Every day railroads transport people, products, and services across the country. It requires a lot of railroad workers to operate and manage these massive systems. The work of a railroad worker is extremely dangerous despite technological advancements. Therefore, the Federal Employers Liability Act (FELA) was enacted to protect injured railroad workers.
In contrast to workers' compensation which is a no-fault program, those who claim under FELA must prove that their railroad employer was negligent in order to receive payment. Generally, this is done 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.
In FELA cases it is more straightforward to prove negligence than in other personal injury cases. This is due to the standard of comparative negligence which permits individuals to seek compensation regardless of whether their actions contributed to their injuries.
Shaw Cowart's attorneys have a wealth of experience with FELA claims and are able to evaluate the evidence in these cases. Since the time frame for filing a FELA claim is limited It is essential to seek out an attorney as soon as you can after your injury. This will allow us to collect statements, documents, records and other evidence before it disappears. Contact us today to schedule a consultation with a railroad litigation attorney.

Exposure to carcinogens
Railroad workers face the possibility of contracting a variety of illnesses due to exposure to toxic chemicals and toxins on the job. For a long time, railroad workers have been exposed to diesel fumes, welding fumes, lead, asbestos silica, creosote, and asbestos. These chemicals can cause cancer or other diseases in railroad employees. If a former or present railroad employee suffers from an illness that is directly attributable to the chemicals they were exposed to during their work, they may be eligible to bring a FELA lawsuit.
Many studies have shown that railroad workers tend to be more susceptible to a high rate of cancer than workers in other jobs. The most frequent types of cancers that occur in railroad workers include throat, esophageal and lung cancers, as well as basal cell carcinomas that affect the neck and head.
Benzene is one of the most common carcinogens to which railroad workers are exposed. It is a colorless gas that has a sweet odor. It was banned over 20 years ago in the United States, but it is still found in crude oil and diesel exhaust. It is also a component in some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew died from leukemia. Her lawsuit claims the railroad and city polluted the area with toxic chemicals from the rail yard of the railroad. Giles lived only a couple blocks away from the rail yard and creosote treatment site.
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 crude oil, grain, vehicles chemical, crushed stone and metal ore. Railroad workers are exposed to a diverse variety of dangerous substances, and many develop illnesses such as cancer as the result. A FELA injury lawyer could 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, a skin cancer. He claims that his exposure sunlight radiation and creosote-coated railroad ties from 1968 to 2009 caused the condition. He also complains that his workplace was not equipped with the proper safety equipment to protect him from workplace hazards.
LaTonya Paige, another plaintiff claims that her breast cancer was the result of her work at an Union Pacific rail yard. Houston resident LaTonya Payne first noticed the lump on her breast in the year 2016. The mass was found to be malignant when doctors removed it. The cancer has spread to her lymph nodes, lungs, the esophagus, and her liver.
The Houston mayor has asked the Biden administration to seek fines and orders for cleanup of the Union Pacific site in his city. The site was used to store railroad ties made of wood treated with coal tar and other harmful chemical compounds until the 1980s. In a study published by Texas health officials in January, the region was associated with clusters of acute leukemia, lung cancer bladder cancer colon and rectal cancers and rheumatoid arthritis.
Signs and 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 gives railway employees the right to seek compensation when their employer violates the law. Chaffin Luhana is dedicated to ensuring that victims receive the full compensation they deserve.
According to research, those working in the railway industry are more likely to develop cancer. Workers are exposed to harmful chemicals whether they are working inside locomotives or in yards. For instance an investigation has shown that railroad workers who were exposed to diesel exhaust were more likely to develop lung cancer. Another chemical that has been linked to cancer in railroad workers is benzene which is a component of many solvents and degreasers utilized by railroad companies. It is also a component of diesel exhaust, and it is believed to cause non-Hodgkin lymphoma among rail workers.
In pulmonary fibrosis lawsuit , a jury decided to award $7.5 million to a railroad worker who was diagnosed with 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 was not required to wear protective equipment when putting in railroad ties soaked in creosote. He also claimed that he was exposed degreasing solvents as well as lead. He was diagnosed with myelodysplastic Syndrome (MDS) that eventually became acute myeloid Leukemia.