Railroad Settlement Leukemia
Rail workers transport 1.6 billion tonnes of freight and carry 30 million people each year. These workers are frequently exposed to toxic chemicals that can cause serious health problems and even death.
A lawyer for railyard cancer can help injured workers claim compensation under the Federal Employers Liability Act. FELA allows railroad workers, active and former, to sue their employers in the event that they were negligent in causing their cancers or other illnesses.
FELA
The Federal Employers Liability Act is a law that allows railroad workers to sue their employers in the event that they suffer injuries at work. As opposed to workers' comp which does not require an employee to prove negligence on the part of the employer, FELA claims are based upon the theory that railroads must provide safe working conditions for their employees and educate them on how to work in a safe way.
This includes providing appropriate training, property maintenance tools and safe equipment. If the railroad is not up to this responsibility, employees may be exposed dangerous and cancerous materials that could cause serious injuries or illnesses. Railway workers injured in the line of duty and their families may be able to recover damages for lost wages, past and future medical expenses, emotional distress and suffering and suffering.
Railroad exposure can lead to a variety of diseases and injuries, including mesothelioma and lung cancer as well as multiple myeloma and leukemia. Furthermore, many railroad workers have been affected by occupational diseases which can worsen existing conditions such as fibromyalgia and spinal injuries.
The railroad industry has exposed countless families to harmful chemicals every day. New York railroad injury attorneys assist injured workers and their loved ones file FELA claim to receive financial compensation for their medical expenses and other expenses. This kind of compensation will not erase the damage that has been done however it can help alleviate concerns for the future and give a amount of justice.
Statute of limitations
Railroad employees who have been diagnosed with kidney disease, cancer or other diseases due to exposure to chemical fumes or toxic substances should contact an experienced railroad lawyer immediately. Federal law provides these workers with the right to seek compensation even if their illness is diagnosed years or decades after they last worked for the railroad.
James Brown, a railroad worker, was awarded $7.5M in damages after he was diagnosed with acute myeloid lymphoma (AML) after exposure to chemicals while working for Chicago & North Western Railway Co. and Union Pacific Railroad Co., respectively, for 13 and 18 years. Brown's duties included washing equipment and rail ties, and putting them in and he had to wear dirty clothes, which allowed the chemicals, like creosote, a substance that soaked into the skin.
The FELA statutes of limitation for these cases are controlled by the discovery rule. This rule states that the clock begins only when the railroad worker has knowledge or reasonably known that their illness is work-related. This is an excellent reason why railroad workers should seek out a knowledgeable railroad cancer lawyer as soon as they can.
In addition to the possibility of a settlement with the railroad for leukemia victims can also claim compensation for lost wages in the past or future medical expenses not covered by insurance as well as pain and suffering and loss of companionship. A knowledgeable mesothelioma lawyer is able to provide a free consultation and review of the case.
Pre-existing Conditions
Rail transports 30 million passengers every year, and 1.6 billion tonnes of freight. This includes trucks, cars and other vehicles, along with chemicals, grains, wood products metal ores, food and lumber. Railroad workers are exposed carcinogens and hazardous chemicals that can cause life-threatening illnesses like leukemia.
Rail workers have been exposed to toxic materials like creosote, asbestos and exhaust. Many railroad workers have worked in factories that were filled with the fumes of diesel-powered locomotives. Workers also used soaked rags with cleaners containing benzene for cleaning parts and tools.
These exposures put railroad workers at a higher risk for developing lung diseases, such as COPD which can lead to heart attacks, strokes and cancer. Smoking cigarettes can also worsen respiratory diseases and make a person more prone to developing lung cancer.
If you have a pre-existing health issue, it's crucial to communicate with your lawyer upfront. The insurance company will to ask about your medical background, and if you're insincere with them or conceal information from them, it could affect the amount of money you receive from a settlement. If you are honest with your lawyer you'll be able to answer their questions quickly and keep them from finding any information that could hurt your case in the future.
Attorney Fees
Rail workers are exposed carcinogens like benzene and asbestos. These workers can claim compensation if they are diagnosed with cancer, or any other serious illness. This is done under the Federal Employers Liability Act. The amount of a settlement for leukemia in the railroad may vary based upon the circumstances such as the duration of time that the employee was exposed. railroad lawsuit settlements can help an injured railroad employee determine the value of their claim and negotiate with the insurance company to obtain an appropriate and fair amount of compensation.
In one case our railroad cancer lawyers successfully represented an important railroad client in a FELA lawsuit alleging that exposure to diesel exhaust and other toxic chemicals led to the plaintiff's oropharynx cancer. The court granted summary judgment finding that the statute of limitations was expired prior to the plaintiff's diagnosis and his claims were barred by a previous release agreement.
If you've been diagnosed with railroad cancer or have other health issues that are related to your work-related exposure, call us now to set up a free legal consultation. We will review your medical records and other documents to determine the amount the value of a settlement with the railroad could be worth. We can also discuss your eligibility to receive other types of compensation, including future and past loss of wages and medical expenses that are not covered by health insurance.