Railroad Lawsuit Kidney Cancer
Rail workers are exposed carcinogens. Exposed to diesel fuel, creosote, creosote and benzene among other toxic substances has contributed to cancer and other chronic illnesses like leukemia, lung cancer mesothelioma bladder cancer and kidney cancer.
If you or someone you care about has been diagnosed with an illness that is serious and connected to your work on a railway, call a knowledgeable railroad cancer attorney today for a free consultation.
Exposure to Carcinogens
Every day, railroad workers are exposed to carcinogens. These include diesel exhaust, asbestos and benzene. Railroad cancer lawsuits against different railroad companies have been filed in huge amounts. The lawsuits were filed under the Federal Employers Liability Act (FELA), established in 1908.
The victims who develop cancer as a result of exposure to toxins may be eligible for compensation. An attorney for railroad injuries will examine a claim of a victim and determine if an FELA lawsuit is possible against the company responsible for the illness.
A railroad worker may be entitled to compensation for medical expenses loss of wages, medical expenses and other damages resulting from their illness. A lawyer can help clients file a lawsuit within the three years of limitations imposed by FELA.
James Brown, the plaintiff claims that the leukemia he contracted was the result of exposure to chemicals that were not protected like creosote or degreasing solvents. union pacific railroad lawsuit worked on brake shoes cabooses, tank cars, and brake shoes. He claims he walked on railroad ties that smelled like creosote. He also saw signs with crosses and skulls on train cars, indicating toxic substances. He claims that he was also exposed to diesel fumes when working on locomotive engines or when stopping in tunnels. The toxins caused him headaches and caused breathing difficulties.
Failure to provide a safe Work Environment
Although railroad work has always been a high-risk job, recent studies have shown that many of the common railway occupational hazards have a direct link to cancer and other serious diseases. Federal law requires railroad companies to provide their workers with adequate direction and protection to keep them safe. If they do not comply and are found to be in breach, they could be held accountable for serious injuries that result in death, or financial ruin.
If you're a railroader or have a family member who was a railway worker and you are interested in seeking legal help from an experienced attorney. An attorney can help determine if you have a viable lawsuit due to your exposure to carcinogens that are dangerous. A three-year statute of limitations is in place, and you must contact an attorney as soon as possible.
Railroad workers are exposed toxic chemicals, such as creosote as well as diesel fumes and exhaust. Most often, these toxic fumes can cause cancer in a variety of forms including mesothelioma, among other lung diseases. If you have developed any of these diseases, it is critical to consult a qualified railroad accident lawyer as soon as you can.
The plaintiff was employed by the ICRC from September 1975 until December 2015. He claims that his work in the ICRC led to his development of renal (and later adrenal) cancer. He claims that he was constantly exposed to the hazardous chemical, carbon tetrachloride. This chemical is used by railroads to clean their brake systems and tracks.
Negligence
A lawsuit involving railroads can be filed under the Federal Employers' Liability Act (FELA) which allows railroad workers to directly file complaints against their employers. To be eligible for damages, a worker must demonstrate that the railroad company was negligent in causing his or her illness or injury.
Plaintiff Greger was exposed when working on the railroad, to numerous toxic chemicals and environmental conditions. This included carbon tetrachloride which is used to clean the braking and rail systems. He claims that his company failed to warn him about the risks of the chemical that has been associated with cancer.
He also walked on rail ties sprayed with creosote. He claimed that it was known to be harmful. He also inhaled diesel fumes inside locomotive cabs and testified that the fumes "gagged him," made breathing difficult, and caused headaches. He claims to have been ill by diesel exhaust while he was in tunnels while riding an engine.
He claims that when he asked doctors about the link between his railroad work kidney cancer, as well as his doctors were unable to provide any information. He argues that this was negligent and the railroad that was at fault should have been aware of the connection between the exposures and kidney cancer. He seeks compensation for his medical expenses and pain and suffering, lost earnings and emotional distress.
Damages
In a railroad cancer lawsuit, damages are a combination between medical expenses, lost wages, and other expenses. The amount of damages will vary based on the circumstances. A skilled attorney will ensure that you get the maximum amount of compensation for your losses.
In one example the man was 51 years old and diagnosed with myelodysplastic disease (MDS) and acute myeloid leukemia (AML) in 2008. He worked as a machinist for Chicago & North Western Railway, and its successor, Union Pacific Railroad, from 1976 until 2008. In that time, he had to endure years of exposure to benzene-rich chemicals like creosote as well as degreasing solvents.
Railroad companies have a legal obligation to comply with government safety regulations for workplaces. These include safeguarding workers from exposure to known carcinogens. If a railroad does not comply to follow these rules and the consequences could be devastating for the families of the victims.
Hughes Law Offices has represented thousands injured people including railroad workers who were exposed to toxic fumes. Contact us today for free consultation with a experienced and knowledgeable lawyer for railroad accidents. Andrew Hughes, the founder of the firm has been defending railroads in FELA claims for the bulk of his legal career. He is well-versed with the laws and the conditions that could be caused by occupational exposure.