Napoli Shkolnik Files Two Cancer Cases for Railroad Workers
February 21, 2018 | Workers Compensation
Napoli Shkolnik has filed two cases in Fort Worth, Texas against BNSF Railway, for injuries that two former employees suffered related to toxic exposures on the job.
Burlington Northern Santa Fe is one of the nation’s largest railroads, headquartered in Fort Worth, Texas. The two former employees brought suit separately under the Federal Employee Liability Act, commonly known as FELA, for cancers they suffered as a result of occupational exposures to various toxins in their workplace.
BNSF, as the employer of the workers, had a legal duty under Federal law to protect them from workplace exposures and toxins. Railroad workers face a variety of long term health problems from exposure to welding fumes, diesel fumes, silica, asbestos and many other carcinogens. These exposures frequently result in cases of lung cancer, bladder cancer, kidney cancer, leukemia and prostate cancer.
“Federal law guarantees railroad workers the right to seek compensation for workplace injuries, even when the disease develops years or decades after the employee last worked for the railroad,” said Napoli Shkolnik partner Patrick Haines.
If you currently or formerly worked for a railroad and have been diagnosed with cancer within the last three years, you may be able to recover damages. Napoli Shkolnik PLLC is ready to seek justice on behalf of those railroad workers suffering from cancer caused by toxic contaminants.
We do not charge any upfront legal fees and the consultation is free and confidential. In fact, we only recover money if we win your case.
MOre About FELA Lawsuits
It is important to retain a lawyer who will be looking out for your best interests. S/he will be able to explain the process, what you should or should not do and what you can expect throughout the case. Similar to other laws, FELA is constantly changing as lawmakers amend FELA statutes. Therefore, it is vital that you speak with an experience railroad lawyer who understand FELA laws.
However, first & foremost you should seek immediate medical attention if you are injured. It is a good idea to keep your medical records regarding any injuries you sustained. It is also important that you adhere to the prescribed treatment laid out by your doctor. If you are uncertain about their diagnosis, seek a second (or even third) opinion.
You should also be sure to file an accident report with your manager, Human Resources representative or whomever your railroad service has designated. Be honest on the report as any false or incomplete information could negatively impact your claim. If you are able to, take photographs or where the accident occurred. If there are witnesses, take down their names and contact information. It may even become necessary to have an expert provide testimony on the extent of your injuries and how they will affect the rest of your life.
Remember, FELA laws are a specific type of workers’ compensation that only apply to railroad employees who were injured while working or as a result of an employer’s, co-worker’s and/or equipment manufacturer’s negligence or recklessness.
Working in the railroad industry is inherently dangerous however you are still entitled to a safe work environment.
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