Working on a railroad leaves you vulnerable to many threats and dangers, such as broken bones, disfigurement, and back injuries. Fumes and chemicals also put you at risk for developing cancer. If you have developed cancer because of the negligence of a railroad company, you may be eligible for a FELA claim. Contact Murphy, Falcon & Murphy for experienced representation.
Workers at the highest risk are engineers, conductors, switchmen, carmen, track maintenance workers, machinists, and clerk type workers. Starting around the 1990s, workers suffering from brain damage started filing claims against some of the large railroad companies. The victims claimed that solvents they were required to use caused their brain damage.
One of the commonly used hazardous substances is creosote, which is used on railway ties and has been linked to scrotum and skin cancer. Benzene is another damaging substance. It is in the diesel exhaust of trains and can be absorbed through the skin. Extensive exposure to chemicals and fumes like these can cause:
Under FELA, creating a safe environment for workers includes protecting them from hazardous substances.
The Federal Employers Liability Act (FELA) is a piece of legislation created more than 100 years ago to protect the rights of railroad workers. If a railroad worker sustains an injury that is the railroad company’s fault, he or she can file a FELA claim.
In order to have a successful FELA case, you need to prove that the railroad company’s negligence caused your injury. Railroad companies are required to create a reasonably safe work environment for their employees. If you are injured because the company has failed to maintain a safe environment, this employer is most likely liable for your injuries.
FELA cases adhere to the comparative negligence rule. The comparative negligence rule requires that the judge review the roles both parties played in the incident and adjust the compensation based on the victim’s responsibility for their injury. For example, if you were 15% to blame for your injury, the total damages that you are awarded would be reduced by 15%.
If you are filing a FELA claim, you can be compensated for past and future medical expenses, past and future lost wages, physical pain and suffering, mental and emotional suffering, loss of earning capacity, and permanent partial or full disability.
If you or a loved one has been diagnosed with cancer after exposure to chemicals while working on the railroad, the attorneys at Murphy, Falcon & Murphy can help you receive the compensation you deserve.