Railroad Settlement Leukemia Railroad workers transport 30 million people and transport 1.6 billion tons of freight each year. They are often exposed to hazardous chemicals that can lead to serious health issues and potentially life-threatening diseases such as cancer. A lawyer for railyard cancer will assist injured workers to claim compensation under the Federal Employers Liability Act. FELA allows railroad workers, active and former, to sue their employers in the event that they were negligent in causing cancer or other health issues. FELA The Federal Employers Liability Act (FELA) is a law that permits railroad employees and their families to file a lawsuit against their employers if they are injured on the job. As opposed to workers' compensation which is not based on fault and does not require employees to prove negligence on the part of the employer, FELA claims are based on the theory that railroad companies are required to provide employees with safe working conditions and to train their employees on how to perform their work safely. This includes ensuring the correct training as well as maintenance of property tools and other safe equipment. If the railroad fails in this regard, employees could be exposed to harmful and deadly substances that can cause serious injury or illnesses. Railway workers who are injured, as well as their families, are entitled to damages for medical bills, lost wages in the future, emotional distress and pain and suffering. Railroad exposure can trigger various injuries and illnesses, such as mesothelioma, lung cancer, multiple myeloma and leukemia. Many railroad workers have been diagnosed with occupational diseases that worsen pre-existing health conditions like fibromyalgia, or spinal injuries. The exposure to hazardous chemicals every day caused by railroad companies has hurt families of all kinds. Fortunately, New York railroad injury lawyers help injured workers and their loved ones submit FELA claims to receive the financial compensation they need to cover medical costs and other expenses. This compensation will not reverse the damage, but it will help ease your concerns and bring some peace. Statute of Limitations Railroad employees who have been diagnosed with cancer, kidney disease, or other illnesses because of their exposure to chemical fumes or toxic substances should seek out a knowledgeable railroad lawyer immediately. Federal law gives these workers the right to seek compensation, even if the disease occurs years or decades after their last employment with the railroad. For instance railroad worker James Brown was awarded $7.5 million in damages due to his acute myeloid leukemia (AML) that was caused by exposure to chemicals at Chicago & North Western Railway and Union Pacific Railroad Co. for a period of 18 and 13 years, respectively. Brown's duties included washing rail ties and their installation and he had to wear dirty clothes that allowed the chemicals, including creosote, to penetrate his skin. The FELA statute of limitations in cases like this is the discovery rule, which states that the three year clock doesn't begin until the railroad worker is aware or reasonably should have known that their illness is a result of work. This is among the reasons railroad employees should consult an experienced railroad cancer attorney as soon as they can. In addition to the possibility of a settlement with the railroad for those suffering from leukemia, victims may also claim compensation for lost wages in the past and in the future medical expenses that are not covered by insurance or pain and suffering and loss of companionship. A knowledgeable mesothelioma lawyer is able to provide a free consultation and review of the case. Pre-existing Conditions Every year railroads transport 30 million passengers and 1.6 billion tonnes of freight, including trucks, cars, chemicals grains automobiles, wood products, food, metal ore lumber and other goods. However, railroad workers are also exposed to a myriad of dangerous chemicals and carcinogens which can put them at risk for life-changing diseases such as leukemia. Through the years, railroad workers have been exposed to toxic materials such as asbestos, creosote, diesel exhaust and benzene. Many rail workers have worked in workplaces that were suffocated by fumes from diesel-powered locomotives. Workers also dipped rags into cleaners containing benzene for cleaning equipment and components. The exposures to railroad workers put them at a higher risk of developing lung ailments, including COPD that can lead to strokes, heart attacks and cancer. In addition, smoking cigarettes increases the severity of all respiratory diseases and makes a person 35 times more likely develop lung cancer. If you suffer from an existing medical condition, you must be upfront with your lawyer. The insurance company will to ask you about your medical history, and if you're insincere with them or conceal information from them, it could affect the amount you receive in settlement. If you're honest with your lawyer you'll be in a position to answer all of their questions quickly and keep them from uncovering any information that could harm your case in the future. Attorney Fees Rail workers are exposed to carcinogens like benzene and asbestos. These workers can seek compensation if are diagnosed with cancer or any other serious illness. This is done under the Federal Employers Liability Act. The amount of a railroad leukemia settlement can differ based on various factors such as the duration of time the employee was exposed. A competent FELA cancer lawyer can assist an injured railroad worker determine the value of their claim, and negotiate with the insurance company to receive fair and adequate compensation. In one instance, our railroad cancer lawyers successfully defended one of our railroad clients in a FELA suit that claimed exposure to diesel exhaust and toxic chemicals caused oropharynx carcinoma for the plaintiff. The court granted summary judgment and concluded that the statute was expired prior to the plaintiff's diagnosis and that his claims were barred because of a prior release agreement. Contact us now to schedule an appointment at no cost if you have been diagnosed with a cancer of the railroad or other health issues relating to exposure to work. We will review medical documents and other records in order to determine the value of a railroad settlement leukemia. We can also discuss whether you are eligible for other compensations, such as lost wages in the past or in the future and medical expenses that are not covered by insurance.
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