Railroad Settlement Leukemia
Railroad workers transport 30 million people and transport 1.6 billion tons of freight each year. Many times, employees are exposed to dangerous chemicals that can lead to serious health issues and life-threatening illnesses such as cancer.
A railyard cancer lawyer can assist injured workers to file claims for compensation under the Federal Employers Liability Act. FELA allows railroad workers, both current and former to sue their employers in the event that they were negligent in causing their cancer or other health issues.
FELA
The Federal Employers Liability Act is law that allows railroad workers to sue their employers in the event that they suffer injury while at work. As opposed to workers' comp which doesn't require an employee to prove negligence on the part of the employer, FELA claims are based on the premise that railroad companies must offer safe working conditions for their employees as well as train them on how to work in a safe manner.
This includes ensuring proper training in the proper manner, maintaining property, tools and other safe equipment. If the railroad does not adhere to this obligation, an employee could be exposed to carcinogenic and risky materials that contribute to serious injuries or illness. Railroad workers injured and their families, can seek damages, including medical bills, lost wages in the future, emotional distress, and pain and suffering.
Railroad exposure can trigger a variety of diseases and injuries, including mesothelioma cancer, lung cancer, multiple myeloma and leukemia. A lot of railroad workers have been diagnosed with occupational diseases that can exacerbate existing health conditions like fibromyalgia, or spinal injuries.
The railroad industry has exposed many families to hazardous chemicals every day. New York railroad injury attorneys help injured workers and loved ones file FELA claim to receive financial compensation for medical expenses as well as other expenses. This compensation will not reverse the damage, but it can aid in easing your fears and bring some peace.
Statute of Limitations
Railroad workers who have been diagnosed with cancer, kidney disease or other ailments because of their exposure to toxic chemicals or fumes should consult a knowledgeable lawyer for railroads immediately. Federal law provides these workers with the right to pursue compensation even if the illness develops years or decades after their last employment with the railroad.
For instance railroad worker James Brown was awarded $7.5 million in damages for acute myeloid leukemia (AML) that developed from exposure to chemicals at Chicago & North Western Railway and Union Pacific Railroad Co. for 18 years and 13 years respectively. Brown's responsibilities included putting in rail ties, washing equipment and cleaning rail tie. This required him to wear a dirty outfit that allowed harmful chemicals such as creosote to soak into the body.
The FELA statutes of limitations for such cases are controlled by the discovery rule. This rule stipulates that the clock will start only when the railroad employee has knowledge or reasonably known that his/her illness is work-related. This is among the reasons railroad employees should consult an experienced railroad cancer attorney as soon as they can.
In addition to a possible settlement by railroad for leukemia, the victims may claim compensation for future and past lost wages, medical expenses that insurance does not cover as well as pain and suffering and loss of consortium. A knowledgeable mesothelioma lawyer will offer a no-cost consultation and review of the case.
Pre-existing Conditions
Every year railroads transport 30 million travelers and 1.6 billion tons of freight, including cars, trucks and chemicals grains, vehicles, wood products, food, metal ore wood and other products. However railroad workers are exposed to a variety of carcinogens and hazardous chemicals which put them at risk of developing life-threatening diseases like leukemia.
Rail workers have been exposed over the years to toxic substances such as creosote, asbestos and exhaust. Many have worked in places where diesel-powered locomotives, forklifts and cranes are constantly operating which caused smoke to linger in the work areas. In addition, workers dunked rags in benzene-containing solvents to clean their tools and parts.
Railroad workers are at greater risk of developing lung conditions like COPD. This could cause heart attacks, strokes, or cancer. Smoking cigarettes can also cause respiratory diseases and make someone more prone to developing lung cancer.
It's important that you tell your lawyer that you suffer from an illness. The insurance company will to ask about your medical background, and if you're not honest with them or keep information from them, it could affect the amount of money you receive as a settlement. If you're honest with your attorney and the insurance company, you'll be able answer all their questions and stop them from discovering any information that could be detrimental to your case.
Attorney Fees
Railroad workers are exposed various carcinogens while on their worksite, including benzene creosote and asbestos. If union pacific settlements are diagnosed with cancer or some other serious illness, they can bring a lawsuit to recover compensation under the Federal Employers Liability Act (FELA). However the amount of railroad settlement leukemia can vary according to a variety of factors, including how long the worker was exposed to these chemicals. A FELA cancer lawyer who is competent can help a railroad employee determine the value of their claim and negotiate with insurance companies to receive fair compensation.
In one case one of our railroad cancer attorneys successfully defended the major railroad client in a FELA lawsuit alleging that exposure to diesel exhaust and other toxic chemicals caused the plaintiff's oropharynx cancer. The court granted summary judgment, concluding that the statute of limitations was expired prior to the plaintiff's diagnosis, and that his claims were barred due to a previous release agreement.
If you've been diagnosed with railroad cancer or have other health issues related to your work-related exposure, call us now to set up a free legal consultation. We'll review medical documents and other records to determine the value of a settlement with the railroad leukemia. We can also discuss your eligibility to receive other types of compensation such as past and future loss of wages or medical expenses not covered by health insurance.