Railroad Lawsuit Kidney Cancer
Rail workers are exposed to carcinogens. The exposure to diesel fuel, creosote, creosote and benzene among other toxic substances has led to cancer as well as other chronic diseases like lung cancer, leukemia, mesothelioma, bladder cancer and kidney cancer.
If you or someone you know has been diagnosed with an illness that is serious and linked to your work with railroads, contact an experienced lawyer for railroad cancer today for a free consultation.
Exposure to Carcinogens
Railroad workers are exposed to many carcinogens every day. These include diesel exhaust, asbestos and benzene. Many railroad cancer lawsuits have been filed against various railroad companies. The lawsuits were filed under the Federal Employers Liability Act, which was enacted in 1908.
The victims who develop cancer because of exposure to toxins may be eligible for compensation. A lawyer from the railroad industry will evaluate a claim by a victim and determine whether it is possible to file a FELA lawsuit can be filed against the business that caused the illness.
A railroad worker could be entitled to compensation for medical expenses or lost wages, as well as other damages related to their illness. A lawyer can assist the client in bringing a lawsuit prior to the three-year deadline set by FELA.
James Brown, the plaintiff claims that his leukemia came on the heels of years of exposure to chemicals such as creosote and degreasing solvents. He worked on brake shoes tank cars, cabooses and brake shoes. He claims he walked over railroad ties that smelled of creosote, and saw placards bearing skulls and crosses on train cars, indicating toxic substances. He claims that he was also exposed to diesel fumes during working on engines for locomotives or while stopping in tunnels. The toxins caused headaches and made breathing difficult.
Failure to provide an Occupational Safety Environment
Although railroad work has always been a high-risk work, recent studies indicate that many common railway-related occupational hazards are directly linked to cancer and other serious diseases. Federal law requires railroad employers to provide their employees with sufficient guidance and protection to ensure their safety. If they fail to do this they could be held responsible for serious injuries which cause death or financial ruin.
If you're a railroader or have a loved one who was a railroad employee and you are interested in seeking legal help from an experienced attorney. An attorney can determine the extent to which your exposure to carcinogens while on the job is enough for you to bring an action. A three-year statute of limitation is in place, so you must contact an attorney as soon as possible.
Railroad workers are exposed harmful chemicals, including creosote and diesel fumes and exhaust. These harmful fumes are frequently the cause of cancer, including mesothelioma, as well as other lung diseases. It is imperative to get in touch with a railroad accident lawyer immediately if your condition has developed one of these ailments.
The plaintiff was employed by the ICRC as a carman/mechanic from September 1975 to December 2015. He claims that his work at the ICRC led to his developing renal (and later adrenal) cancer. He claims that he was constantly exposed to the dangerous chemical carbon tetrachloride. This chemical is used by railroads to clean their tracks and brake systems.
Negligence
A railroad lawsuit can be brought under the Federal Employers Liability Act (FELA) which permits railroad employees to file complaints directly against their employers. To be eligible for damages, a worker must prove that the railroad company was negligent in causing his or her illness or injury.
union pacific railroad lawsuit was exposed when working on the railroad, to a variety of toxic chemicals and environmental conditions. These included carbon tetrachloride which is used to clean rail and braking systems. He claims that his company failed to warn him about the dangers of the chemical that has been associated with cancer.
He also walked on rail ties coated in creosote. He claimed that it was recognized as a danger. He also breathed in diesel fumes in the cabs of locomotives and testified that he suffered from headaches and difficulty breathing. He claims to have been sickened by diesel exhaust when he stopped in tunnels while on a locomotive.
He claims he sought out his doctors about the connection between his railway work and kidney cancer, but they did not provide any details about this connection. He asserts that this was negligence and that the railway should be aware of the link between these exposures to kidney cancer. He seeks compensation for medical expenses along with pain and suffering, lost earnings, and emotional distress.
Damages
In a railroad cancer lawsuit, damages are a combination between medical bills, lost wages and other expenses. The amount of damages will vary based on the case. An experienced attorney will make sure that you receive full compensation for your losses.
In one instance, a 51-year-old man was diagnosed with myelodysplastic disorder (MDS) and acute myeloid leukemia (AML) in 2008. He was employed as a maintenance of way employee for Chicago & North Western Railway and its successor Union Pacific Railroad from 1976 to 2008, as a machinist. During this period, he experienced many years of exposures to benzene-based chemicals including creosote and degreasing solvents.
Railroad companies are legally bound by a responsibility to adhere to government safety standards for their workplaces, which includes protecting workers from exposure to known carcinogens. If a railroad company does not comply in this duty the consequences for the victims and their families can be devastating.
Hughes Law Offices has represented thousands of injured people including railroad workers who were exposed to toxic fumes. Call us today for free consultation with a experienced railroad injury lawyer. The Founder Andrew Hughes actually defended railroads in FELA cases for most of his legal career, so He is knowledgeable about the laws that govern these claims, as well as the potential dangers that can result from on-the-job exposure.