Railroad Settlement Leukemia
Rail workers move 1.6 billion tons of freight and transport 30 million people every year. These workers are frequently exposed to dangerous chemicals which can cause serious illness and even death.
A railyard lawyer can help injured workers obtain compensation under the Federal Employers Liability Act. FELA allows current and former railroad employees to pursue their employers' negligence that caused their cancer or other health issues.
FELA
The Federal Employers Liability Act (FELA) is a law that allows railroad workers and their families to file a lawsuit against their employers if injured while working. As opposed to workers' compensation which is not based on fault and does not require an employee to prove negligence by the employer, FELA claims are based on the premise that railroad companies have a duty to provide employees with safe working conditions and train their employees on how to be safe at work.
This includes providing adequate training, property maintenance tools and safe equipment. If the railroad fails to fulfill the above-mentioned duties, employees could be exposed dangerous and cancerous substances that can cause serious injury or illnesses. Railway workers who have been injured, and their families, can recover damages for medical expenses, lost wages in the future, emotional stress and pain and suffering.
million settlement can result in a variety of ailments and injuries, including mesothelioma and lung cancer as well as multiple myeloma and leukemia. In addition, many railroad employees have suffered from occupational diseases that aggravate 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 help injured workers and loved ones file a FELA claim to receive financial compensation for medical expenses as well as other expenses. This kind of compensation is not able to repair the damage caused but it can alleviate fears for the future and provide some amount of justice.
Statute of limitations
Railroad workers who are struck with kidney disease, cancer or any other illness resulting from decades of exposure to toxic fumes and chemicals must consult an experienced railroad attorney immediately. Federal law provides these workers with the right to seek compensation even if the condition occurs years or decades after their last employment with the railroad.
James Brown, a railroad worker, was awarded $7.5M in damages for developing acute myeloid lymphoma (AML) after exposure to chemicals while working for Chicago & North Western Railway Co. and Union Pacific Railroad Co. for 13 and 18 years. Brown's job included installing rail ties, washing equipment, and cleaning rail tie. Brown was required to wear dirty clothes that allowed harmful chemicals like creosote, to get into the body.
The FELA statute of limitations for cases such as these involves the discovery rule, which states that the three year clock does not start until the railroad worker knows or ought to have known that their sickness is related to work. This is an excellent reason for railroad workers to contact a seasoned railroad cancer lawyer as soon as they can.
In addition to a possible settlement by railroad for leukemia patients, they can claim compensation for the past and future lost wages and medical expenses that insurance does not cover such as pain and suffering, and loss of consortium. A knowledgeable mesothelioma lawyer can offer a no-cost consultation and review of the case.
Pre-existing Conditions
Rail transports 30 million people each year and 1.6 billion tonnes of freight. This includes trucks, cars and other vehicles, along with grains, chemicals, wood products, metal ores, food products and lumber. Railroad workers are exposed carcinogens and harmful chemicals that can cause life-threatening diseases like leukemia.
Through the years, railway workers have been exposed to harmful materials such as asbestos, creosote (as well as diesel exhaust) and benzene. Many rail workers worked in factories that were suffocated by exhaust fumes from diesel locomotives. Workers also dipped rags in benzene-containing cleaners to clean equipment and components.
These exposures put railroad workers at a higher risk for developing lung ailments, including COPD which could cause strokes, heart attacks and cancer. In addition, smoking cigarettes can worsen all kinds of respiratory illness and makes people 35 times more likely develop lung cancer.
It is essential to inform your lawyer that you have a condition. The insurance company is likely to ask you about your medical background, and if you're untruthful with them or conceal information from them, it could impact the amount of money you receive as a settlement. If you're honest with your lawyer and your attorney, you'll be able answer all of their questions and avoid getting any information that could harm your case.
Attorney Fees
Rail workers are exposed carcinogens, such as benzene or asbestos. These workers can sue for compensation if they are diagnosed with cancer or any other serious illness. This is a legal process under the Federal Employers Liability Act. However the amount of compensation for a railroad settlement leukemia may differ dependent on a variety of factors for instance, how long the employee was exposed. A competent FELA cancer lawyer can assist injured railroad employees determine the value of their claim and negotiate with the insurance company in order to get the right amount of compensation.
In one case our railroad cancer lawyers successfully represented the railroad client in a FELA lawsuit claiming that exposure to diesel exhaust and toxic chemicals led to oropharynx carcinoma for the plaintiff. The court granted summary judgment and found that the statute had expired prior to the plaintiff's diagnosis and that his claims were barred because of a prior release agreement.
Contact us today to schedule free consultation if have been diagnosed with railroad cancer or any other health issues due to exposure to work. We will review your medical records and other documents to determine what the railroad settlement leukemia may be worth. We can also discuss your eligibility for other kinds of compensation, such as future and past loss of wages and medical expenses not covered by health insurance.