Railroad Lawsuit Kidney Cancer
Rail workers are exposed to carcinogens. The exposure to diesel fuel, creosote, benzene and other toxic substances has led to cancer as well as other chronic conditions such as lung cancer, leukemia, mesothelioma, bladder cancer, and kidney cancer.
Contact a lawyer who specializes in railroad cancer today for a free initial consultation if you or someone close to you has developed an illness that is linked to your employment with a railway.
Exposure to carcinogens
Every day, railroad workers are exposed to carcinogens. These include diesel exhaust, asbestos and benzene. Numerous lawsuits for cancer of the railroad have been filed against various railroad companies. The lawsuits were filed under the Federal Employers Liability Act, that was passed in 1908.
The victims who develop cancer as a result of exposure to toxic substances may be qualified for compensation. A lawyer for railroad injuries will evaluate a claim by a victim and determine whether there is a FELA lawsuit is possible against the company that caused their illness.
Railroad workers may be entitled to compensation for medical expenses or lost wages, as well as other damages related to their illness. A lawyer can assist clients file a lawsuit within the three-year time frame of limitations imposed by FELA.
Plaintiff James Brown alleges that he developed leukemia as a result of years of working on trains and being exposed to chemicals such as creosote and degreasing solvents. He was exposed to brake shoes, cabooses, tank cars and brake shoes. He claims he was walking on railroad ties that smelled like creosote, and he saw signs on train cars with skulls and crossbones indicating the contents contained toxic substances. He also claims he was exposed to diesel fumes when working on locomotive engines and when stopping in tunnels. The toxins caused headaches and caused breathing difficulties.
Inability to provide an appropriate Work Environment
Despite the fact that railroad work has always been associated with a high risk, recent research has revealed that a number of the common occupational hazards in railways are directly related to cancer and other serious diseases. Federal law requires railroad companies to provide workers with enough direction and protection to ensure their safety. If they fail to do so, they could be liable for serious injuries which result in death or financial ruin.
If you are a railroad employee or have a family member who worked for a railroad You should think about seeking legal advice from an experienced attorney. An attorney can help determine whether you have a viable lawsuit because of your work-related exposure to carcinogens and other dangerous substances. A three-year statute of limitation is in place, which means you should speak with an attorney as soon as you can.
Railroad workers are exposed to toxic chemicals, including creosote and diesel fumes and exhaust. Most often, these harmful fumes can cause cancer in a variety of forms, including mesothelioma as well as other lung diseases. If you've suffered from one of these diseases it is imperative to speak with a skilled railroad injury lawyer immediately.
The plaintiff worked for the ICRC as a mechanic/carman between September 1975 to December 2015. He claims that his time in the ICRC caused him to develop renal (and later adrenal) cancer. He alleges that he was exposed to the hazardous chemical carbon tetrachloride. class action lawsuit against railroads is utilized by railroads to cleanse their tracks and braking systems.
Negligence
A lawsuit involving railroads can be filed under the Federal Employers Liability Act (FELA) which allows railroad employees to file complaints directly against their employers. In order for a worker to claim damages, they must establish that the negligence of the railroad company contributed to their injury or illness.
When he worked on the railway, plaintiff Greger was exposed to a variety of toxic chemicals and environmental conditions. These included carbon tetrachloride, which is used to clean the braking and rail systems. He claims that his company was unable to warn him about the dangers of the chemical, which has been associated with cancer.
He also claims to have walked across rail ties which were coated in creosote. This substance was considered as harmful. He also breathed in diesel fumes from the cabs of locomotives and testified that the fumes "gagged him," made breathing difficult, and caused headaches. He claims to have been ill by diesel exhaust while he was in tunnels while riding the train.
He claims he questioned his doctors about the link between his railway work and kidney cancer however they failed to provide any information regarding the connection. He argues that this was negligent and the railroad defendant should have been aware of the connection between exposure to these chemicals and kidney cancer. He seeks compensation for his medical expenses, suffering and pain, lost earnings, and emotional distress.
Damages
In a railroad cancer lawsuit damages are a mixture of medical bills, lost wages and other costs. The amount of damages could vary widely depending on the particular case. A skilled attorney will ensure that you receive full compensation for your losses.
In 2008, a man aged 51 was diagnosed with acute myeloid lymphoma (AML) and myelodysplastic Disorder (MDS). He worked as an employee of maintenance of way for Chicago & North Western Railway and its successor Union Pacific Railroad from 1976 to 2008, as a machinist. During this period, he experienced years of exposure to benzene-laden chemicals including creosote and degreasing solvents.
Railroad companies are legally responsible for adhering to workplace safety rules. This includes protecting workers from carcinogens. If a railroad fails in its obligation to protect workers and the consequences for victims and their families can be devastating.
Hughes Law Offices has represented thousands injured individuals, including railroad workers exposed to toxic fumes. Contact us today for a free consultation from an experienced railroad injury attorney. Andrew Hughes, the founder of the firm, has been defending railroads in FELA claims for the majority of his legal career. He is well-versed with the law and the potential conditions that can result from exposure to the workplace.