This Is The History Of Railroad Settlement Lymphoma In 10 Milestones
Railroad Settlement Leukemia
Rail workers transport 1.6 billion tonnes of freight and carry 30 million people each year. In many cases, these workers are exposed to dangerous chemicals that can lead to serious health issues and life-threatening illnesses such as cancer.
union pacific settlements from the railyard can help injured workers file an claim for compensation under the Federal Employers Liability Act. FELA allows former and current railroad employees to sue their employers for negligence that led to their cancer or another ailments.
FELA
The Federal Employers Liability Act is a law that allows railroad employees to sue their employers in the event that they suffer injury while at work. As opposed to railroad injury settlement amounts ' comp, which does not require an employee to prove negligence on the part of the employer, FELA claims are based upon the theory that railroad companies must provide safe working conditions for their employees, and also train workers on how to operate in a safe manner.
This includes ensuring proper training, property maintenance, tools and safe equipment. If the railroad fails to follow this duty employees may be exposed to carcinogenic and dangerous substances that can cause serious injuries or illness. Railroad workers injured and their families, can seek damages for lost wages, medical expenses in the future, emotional distress, and pain and suffering.
Railroad exposure can trigger a number of injuries and illnesses, such as leukemia, mesothelioma (multiple myeloma) lung cancer and mesothelioma. In addition, many railroad employees have suffered from occupational diseases that worsen pre-existing conditions, like fibromyalgia and spinal injuries.
The railroad industry has exposed many families to hazardous chemicals each day. Fortunately, New York railroad injury lawyers help injured workers and their families submit FELA claims to receive the financial compensation they need to cover medical costs and other expenses. This compensation isn't enough to repair the damage, but it will alleviate your worries and bring some peace.
Statute of limitations
Railroad workers suffering with cancer, kidney disease or any other illness resulting from years of exposure to harmful chemicals and fumes should consult an experienced railroad attorney right away. Federal law guarantees these workers the right to pursue compensation even if the condition is diagnosed years or decades after their last employment with the railroad.
James Brown, a railroad worker, was awarded $7.5M in damages after he was diagnosed with acute myeloid lymphoma (AML) after exposure to chemicals during his work at Chicago & North Western Railway Co. and Union Pacific Railroad Co., respectively, for 18 and 13 years. Brown's duties included installing rail ties, washing equipment, and cleaning rail tie. Brown was required to wear dirty clothing which allowed the chemicals like creosote, to soak into the body.
The FELA statute of limitations for cases like these is based on the discovery rule which states that the three year clock does not start until the railroad worker is aware or reasonably should have known that their sickness is work related. Multiple myeloma settlements is a good reason to contact a seasoned railroad cancer lawyer as soon as they can.
In addition to the possibility of a railroad settlement for those suffering from leukemia, victims may also claim compensation for lost wages in the past or future medical expenses not covered by insurance such as pain and suffering and loss of companionship. A knowledgeable mesothelioma lawyer can offer a no-cost consultation and review of the case.
Pre-existing Conditions
Every year, railroads transport 30 million passengers and 1.6 billion tons of freight, including vehicles, trucks, chemicals grains vehicles, wood products metal ore, food, wood and other products. Railroad workers are exposed to carcinogens and harmful chemicals, which can cause life-changing diseases like leukemia.
Throughout the years, rail workers have been exposed to harmful substances like asbestos, creosote (as well as diesel exhaust) and benzene. Many of them worked in factories where diesel-powered locomotives, forklifts and cranes were continuously running and caused fumes to linger in the work areas. Workers also dipped rags into benzene-containing cleaners to clean equipment and components.
Railroad workers are at a higher risk for developing lung ailments, including COPD which can lead to heart attacks, strokes and cancer. Smoking cigarettes can also cause respiratory diseases and make a person more prone to developing lung cancer.
If you have an existing condition, you must be upfront with your lawyer. The insurance company is going to ask you about your medical history, and if you're untruthful with them or conceal details from them, it could affect the amount you receive as a settlement. If you're honest with your lawyer and the insurance company, you'll be able answer all of their questions and prevent them from uncovering any information that could damage your case.
Attorney Fees
Rail workers are exposed to carcinogens like benzene and asbestos. Workers can sue for compensation if they are diagnosed with cancer or any other serious disease. This is a legal process under the Federal Employers Liability Act. However the amount of compensation for a railroad settlement leukemia will vary according to a variety of factors, including how long the worker was exposed to the chemicals. A FELA lawyer for cancer who is certified can assist a railroad employee determine the value of their claim, and negotiate with insurance companies to get an appropriate amount of compensation.
In one instance, our railroad cancer lawyers successfully represented one of our railroad clients in an FELA lawsuit claiming that exposure of diesel exhaust and toxic chemicals resulted in oropharynx carcinoma for the plaintiff. The court granted summary judgment, finding that the statute of limitations had expired prior to the plaintiff's diagnosis as well as that his claims were barred due to an earlier release agreement.
If you've been diagnosed with railroad cancer or have other health issues related to your on-the-job exposure, contact us now to set up a free legal consultation. We will review your medical records and other documents to determine how much the railroad settlement leukemia may be worth. We can also discuss if you qualify for other compensations, such as future or past lost wages and medical expenses that aren't covered by insurance.
