railroad back injury settlements move 1.6 billion tonnes of freight and carry 30 million people every year. In many cases, these workers are exposed to dangerous chemicals that can cause serious health issues and life-threatening diseases such as cancer.
A lawyer at the railyard can help injured workers file claims for compensation under the Federal Employers Liability Act. FELA allows current and former railroad employees to sue their employers for negligence that led to their cancer or another ailments.
FELA
The Federal Employers Liability Act (FELA) is a statute that allows railroad workers and their families to sue their employers if injured on the job. Contrary to workers' compensation, which does not require the employee to prove negligence on the part of the employer, FELA claims are based upon the theory that railroad companies must offer safe working conditions for their employees and train their employees to work in a safe manner.
This includes providing the appropriate training in the proper manner, maintaining property, tools and other equipment that is safe. If the railroad is not up to the above-mentioned duties, employees could be exposed to harmful and deadly materials that cause serious injuries or illnesses. Railway workers who have been injured, and their families, can seek damages including lost wages, medical expenses in the future, emotional distress, and pain and suffering.
Railroad exposure can cause a variety of injuries and illnesses, including mesothelioma, lung cancer, multiple myeloma and leukemia. Additionally, many railroad workers suffer from occupational diseases that can exacerbate existing conditions, such as fibromyalgia, and spinal injuries.
Exposed to hazardous chemicals on a regular basis caused by railroad companies has caused harm to many families. New York railroad injury attorneys assist injured workers and their loved ones file a FELA claim to receive financial compensation for their medical expenses and other expenses. This kind of compensation can't undo the damage done, but it can help ease concerns about the future and offer a measure of justice.
Statute of Limitations
Railroad workers who are struck with kidney disease, cancer or any other ailment due to decades of exposure to toxic fumes and chemicals should consult a knowledgeable railroad attorney right away. Federal law gives these workers the right to seek compensation even if the illness occurs years or decades after their last employment with the railroad.
James Brown, a railroad worker was awarded $7.5M in damages for acquiring acute myeloid lymphoma (AML) after exposure to chemicals while working for Chicago & North Western Railway Co. and Union Pacific Railroad Co. for a period of 18 and 13 years. Brown's job included installing rail tie ties, washing machines, and cleaning rail ties. This required him to wear a dirty outfit which allowed the chemicals like creosote for instance, to soak into his body.
The FELA statutes of limitations in these cases are subject to the discovery rule. This rule stipulates that the clock will start only when a railroad worker has knowledge or should have reasonably known that their illness is related to work. This is one of the reasons railroad workers should seek out a skilled railroad cancer attorney immediately.
In addition to a possible railroad settlement for leukemia patients, they can claim compensation for the past and future lost wages and medical expenses that insurance does not cover as well as pain and suffering and loss of consortium. A mesothelioma lawyer can provide an informal consultation to examine the case.
Pre-existing Conditions
Rail transports 30 million travelers each year and 1.6 billion tonnes of freight. This includes trucks, cars and other vehicles, in addition to grains, chemicals wood products metal ores, food products, and lumber. However railroad workers are exposed to a myriad of carcinogens and chemicals that put them at risk of developing life-threatening diseases such as leukemia.
Rail workers have been exposed over the years to toxic materials like asbestos, creosote and diesel exhaust. Many railroad workers have worked in shops that were suffocated by emissions from diesel-powered locomotives. In addition, workers immersed clean rags in solvents containing benzene, to clean tools and parts.
These exposures place railroad workers at risk of developing lung ailments, including COPD which can lead to heart attacks, strokes and cancer. Moreover, smoking cigarettes dramatically can worsen all kinds of respiratory diseases and makes people 35 times more likely develop lung cancer.
It's essential to tell your lawyer about a condition. The insurance company is going to ask about your medical history, and if you're insincere with them or conceal details from them, it could impact the amount you receive as a settlement. If Multiple myeloma settlements with your lawyer you'll be in a position to answer all of their questions quickly and keep them from uncovering any information that may hurt your case in the future.
Attorney Fees
Rail workers are exposed to carcinogens like benzene and asbestos. Workers may sue for compensation if they are diagnosed with cancer or any other serious disease. This is a legal process under the Federal Employers Liability Act. However, Multiple myeloma settlements of a railroad settlement leukemia can vary according to a variety of factors, for instance, how long the employee was exposed to the chemicals. A FELA lawyer for cancer who is certified can assist an employee of a railroad determine their claim value and negotiate with insurance companies in order to obtain an appropriate amount of compensation.
In one instance, our railroad cancer lawyers successfully represented one of our railroad clients in a FELA suit alleging that exposure to diesel exhaust and toxic chemicals caused oropharynx carcinoma for the plaintiff. The judge granted summary judgment, concluding that the statute of limitations had expired prior to the plaintiff's diagnosis and his claims were barred due to the previous release agreement.
If you've been diagnosed with railroad cancer or are suffering from other health issues that are related to your work-related exposure, call us today to schedule an appointment with a lawyer free of charge. We can review your medical records and other documents to determine what a leukemia from a railroad settlement could be worth. We can also discuss your eligibility to receive other types of compensation, like future and past loss of wages and medical expenses that are not covered under health insurance.