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Blood Cancer and the FELA

Chemical exposure can cause a variety diseases among railroad workers. Lung cancer, liver disease and cancers of the blood are examples.

The widow of an ex- CSX worker claims that the work he did contributed to stomach cancer that ultimately caused his death in the year 2015. A skilled lawyer for lymphoma of the railroad can help establish the required evidence needed to receive compensation.

FELA

The FELA, a federal statute allows railroad workers who are injured at work to pursue damages. As opposed to state worker's compensation laws that are in effect, the FELA is a fault-based statute that requires injured workers to prove that their employers were negligent in causing the injury.

The law covers a broad variety of workplace injuries and accidents including traumatic brain injuries, sprains, broken bones, pulled muscles, and Settlements carpal tunnel syndrome. The law also protects railroad employees who have been exposed to toxic substances like asbestos silica, diesel exhausts creosote, creosote and degreasing agents. These exposures can result in various cancers including mesothelioma, kidney cancer and pulmonary disease.

A trained railroad cancer lawyer can assist a person in filing a FELA lawsuit to claim that cancer was caused through negligence on the part of railroads. A lawyer with experience can assist with any tort claims that are added to a FELA lawsuit, such as loss or consortium.

The railroad and its claim representatives often claim that "the company is fair to you". Don't believe them. The railroad's lawyers are paid by the company to represent the interests of the railroad and its insureds. A lawyer who knows the law can assist you in getting more money to cover your claim. A lawyer can also make sure that the claim is backed by all the required evidence.

Statute of Limitations

A statute of limitations is a statute passed by a legislative body that determines the maximum period after which legal proceedings can begin. This is to safeguard witnesses from memory loss and also to prevent documents and physical evidence from becoming lost or damaged over the years.

According to the FELA law, railroad employees diagnosed with lymphoma as a result of the work environment have a strict time frame within which they are able to file a claim for compensation. This is because the law states that claims must be filed within three years from the date that the worker was aware or should have known that their condition was related to their job.

The railroad cancer lawyers at Shaw Cowart, however, acknowledge that some victims have difficulty determining that their condition is connected to their work. Even when a claim was filed outside of this time frame however, it could be possible to apply for an extension with the court.

Our railroad cancer lawyers can discuss the possibility of a suit and possible recovery during a one-on-one meeting. We can help you and your family members recover damages for medical expenses future expenses or pain and suffering and wrongful death. We will give you an honest and complete assessment of your case. Call us now to discuss your case.

Exposure to Toxic Substances

A toxic substance is one that damages a person's health when inhaled, swallowed or touched. The harmful effects of a substance are based on the potency of the substance and the length of time it is exposed to. Some chemicals cause immediate damage, while others can take years to develop.

Evidence is growing that certain industrial chemicals may increase the risk of blood cancers like leukemia, in workers on railroads. One of these chemicals, benzene, is found in diesel fuel, and also in oils, solvents, and other products that railroad machinists as well as engineers, conductors and electricians are exposed to on a regular basis.

Other chemicals that have been linked to blood cancers among railroad employees include fungicides and herbicides that are often used in railroad yards and right-ofways to kill pests as well as other plants that are undesirable. Creosote and coal tar are two other substances that can cause blood cancers that resemble leukemia in railroad employees.

Railroads vigorously defend their claims, arguing that the dangers faced by their employees in locomotive cabs and Settlements rail yards, as well as in shops are no different from those that pedestrians experience on city streets. Additionally, railroads with deep pockets hire teams of experts to provide their opinions that their workers' exposures at work are not different from the general public to discourage plaintiffs and their attorneys from pursuing lawsuits.

Damages

If you've developed blood cancer or another condition due to exposure to chemicals on the railroad, a seasoned railroad injury lawyer can help you obtain compensation for your losses. This could include medical costs, lost wages, future needs, pain and suffering, and wrongful death damages.

A federal law known as the Federal Employers' Liability Act (FELA) permits railroad workers injured by injuries to receive large sums of money from their employers if they develop certain ailments due to work-related conditions. These kinds of claims are different from traditional workers' compensation settlements because the law doesn't place a cap on the amount that could be awarded.

Researchers have found that those exposed to coal dust, diesel exhausts as well as creosote, asbestos, and diesel exhaust are at a higher risk of developing cancer. An experienced attorney can pinpoint the source of your exposure and create a strong case to support your claim.

Lung cancer is one of the most common types of diseases that railroad employees can contract. It's usually fatal within months after diagnosis and is difficult to treat.

A jury handed an ex- Union Pacific Railroad worker $7.5 Million in September, 2016. He was diagnosed with Myelodysplastic Syndrome, which progressed into acute myeloid leukemia. The cause of his illness was that the exposure to creosote and degreasing solvents when he was installing railroad ties. The lawsuit claimed that his employer did not provide him with the proper protective equipment when working with the dangerous substances.