Colon Cancer Caused by Railroad Work
Railroad workers are exposed dangerous chemicals on a regular basis. It has been demonstrated that this can cause cancer as well as other serious conditions.
Asbestos and diesel exhaust for instance both have been associated to colon cancer. It's also been proven that exposure to certain solvents, metal-working fluids and pesticides may increase colon cancer risk.
Exposures
Railroad workers are exposed dangerous substances on a regular routine. Many of these carcinogens are connected to cancer or other chronic health issues. Former and current railroad workers who suffer from cancer or other chronic illnesses are entitled to compensation under the Federal Employers Liability Act (FELA).
A widow of a former railroad employee claimed that her husband had died from stomach cancer caused by asbestos due to his work for CSX Transportation Inc.
Another FELA claim involves railroad workers who were exposed to creosote, coal dust and other harmful agents on the job. These chemicals can lead to leukemia, blood cancers and lung diseases.
Benzene is a toxic chemical that is found in the products used by railroads, such as the fuel as well as various solvents. Studies have linked benzene to a variety of cancers, including colon cancer. A lawyer who specializes in railroad cancers can determine if the illness you're suffering from was triggered due to exposure to dangerous chemicals while working and submit a claim on your behalf. Federal law limits your time to file a claim. It is therefore crucial to consult an attorney as soon as you can.
Diagnosis
Railroad workers are exposed to various toxic chemicals and fumes on the job. For example, asbestos, welding fumes diesel exhaust, and weed killers like Imazethapyr and dicamba may all cause cancer in the colon. Railroad workers diagnosed with a condition related to their work may be eligible for compensation under the Federal Employers Liability Act (FELA).
A lawyer who specializes in railroad accidents will be able to assist you with this claim. FELA was enacted in 1908, and, requires railroads pay for injuries that occur while working. This includes injuries such as the diagnosis of cancer, and it could provide an enormous amount of compensation.
At the end of 2016 a widow in Illinois filed an action against CSX Transportation Inc. claiming that the company failed to implement adequate safety measures to prevent her late husband's death from stomach cancer that was later diagnosed as colon cancer. The plaintiff, Ruth Frieson, claims that her husband's exposure asbestos and toxins as a result of his employment with CSX caused the cancer and his death. The jury heard testimony from two doctors of rehabilitative medicine as well as industrial hygienists, the wife of the plaintiff, as well as his medical oncologist. They all claimed that diesel exhaust, asbestos and a lifetime smoking contributed to his cancer. The jury, however, delivered a verdict in favor of the defendant railroad after just three hours of deliberation.
Treatment
It is crucial to seek legal advice whenever possible in the event that you've been diagnosed with colon cancer because of your railroad work. Under the Federal Employers Liability Act (FELA) railroad workers who are injured are allowed three years from their diagnosis to start a lawsuit.
Based on the way in which your cancer was diagnosed, there could be a variety of issues in bringing a suit against railroads. For instance, in some cases, it may be difficult to pinpoint exactly when the toxic exposure occurred because many of these chemicals have a long half-life.
railroad lawsuit settlements will look at a variety of aspects when determining the amount compensation you could receive for your injuries. This includes the loss of income, medical expenses, and the pain and suffering you've endured. If your loved one died as a result of their injuries, you could also be entitled to damages for wrongful death.
In a recent case an ex-railroad worker claimed that the cause of his cancer was the constant exposure on the job to asbestos, diesel exhaust, and other toxic chemicals. He alleged that the railroads failed to comply with FELA safety regulations. However, the court decided that the plaintiff didn't conduct an "reasonably diligent" lookup for information about his illness. The jury ruled that he didn't have sufficient evidence to support his claim.
Damages
Railroad workers and people living near railyards can be exposed to carcinogenic and toxic substances like asbestos and diesel exhaust. Our Houston railroad exposure lawyer could help you obtain compensation if you have developed illnesses related to this exposure. In addition to covering past and future medical expenses, you may be eligible for compensation for lost income and expenses for caring. You may also be entitled to damages for emotional distress and pain and suffering as well as loss of enjoyment your life.
Our firm recently won a defense verdict in favor of a Class 1 railroad client in a Federal Employers' Liability Act (FELA) case. The plaintiff alleged that he was diagnosed with Hodgkin's lymphoma and kidney cancer as a result of work-related exposure to creosote diesel exhaust and other toxic substances when working on the railroad as a locomotive engineer. The jury returned a verdict in defense after being deliberating for less that one hour.
In a different FELA case our lawyers obtained a the court's summary judgment on behalf the railroad defendant in a suit filed by an ex-train conductor of freight trains. The suit claimed that he suffered from lung cancer due to his work on railroads and was caused by asbestos and other toxic chemicals. We argued that a previous release agreement that was signed in connection to the settlement of his asbestos case was invalid and barred the claim.