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 and other serious conditions.
Asbestos and diesel exhaust, for instance have been linked with colon cancer. It's also been demonstrated that exposure to certain solvents, metal-working fluids, and pesticides can increase colon cancer risk.
Exposures
It doesn't matter if they are unloading or loading chemicals or cleaning up spills breathing diesel exhaust or using different solvents railroad workers are exposed dangerous substances during their work. Many of these carcinogens can be linked to cancer or other chronic health conditions. Present and former railroad workers who suffer from cancer or other chronic illnesses are eligible for compensation under the Federal Employers Liability Act (FELA).
For instance, the widow of a retired railroad employee claimed that her husband's death from stomach cancer linked to asbestos was caused by his job with CSX Transportation Inc. She contends that CSX was not able to provide adequate safety equipment to shield him from breathing asbestos fibers when sanding, washing and painting materials that contained the dangerous material.
Another FELA claim involves railroad workers who were exposed to creosote, coal dust and other toxic substances on the job. These chemicals can cause leukemia and other blood cancers and lung diseases.
Benzene, a toxic chemical, is found in many products used by railroads. This includes fuel as well as solvents. Studies have linked benzene to multiple cancers, such as colon cancer. A skilled railroad cancer lawyer could determine if your illness was the result of exposure to hazardous chemicals and file a claim on your behalf. Federal law limits the time you have to submit claims. It is therefore crucial to speak with a lawyer as soon as you can.
Diagnosis
Railroad workers are exposed many toxic fumes and chemicals during their work. For example, asbestos, welding fumes diesel exhaust and herbicides such as Imazethapyr and dicamba may all cause cancer of the colon. Railroad workers who suffer from an illness related to their job may be eligible for compensation through a lawsuit under the Federal Employers Liability Act (FELA).
An experienced railroad injury attorney can help you pursue this claim. FELA, passed in 1908 allows railroads to compensate for injuries sustained while working. This could include cancer diagnosis and other injuries.
A widow in Illinois filed a lawsuit against CSX Transportation Inc. at the end of 2016 alleging the company failed to take the safety measures necessary to prevent the death of her husband who died from stomach cancer, which then metastasized to colon cancer. The plaintiff, Ruth Frieson, claims that her husband's exposure to asbestos and toxins resulting from his employment with CSX caused the cancer and eventually his death. The jury heard testimony from two doctors from 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 of smoking contributed to the cancer. The jury returned a verdict in favor of the defendant railroad after just over three hours.
Treatment
If you've been diagnosed with colon cancer due to your railroad job it is essential to seek legal advice right away. Under the Federal Employers Liability Act, railroad workers who are injured may bring a lawsuit within three years from the date of their diagnosis.
A lawsuit against a railroad might be complicated based on the manner in which you were diagnosed with cancer. In some cases, it can be difficult to pinpoint the exact duration of exposure to toxic substances since many chemicals have an extended half-life.
When determining how railroad workers cancer lawsuit will be awarded for your injuries the jury will consider several factors. Loss of income, medical costs as well as pain and suffering are all factors that the jury will be considering. You could be entitled to damages for wrongful death if your loved one is killed as a result.
In a recent instance, an ex-railroad employee claimed the cancer he developed was due to his constant exposure on job to diesel exhaust, asbestos and other toxic chemicals. He claimed that railroads failed to comply with FELA safety standards. The court, however, ruled that the plaintiff had not conducted an "reasonably diligent" search for information about his disease. The jury decided that he did not have enough evidence to back his claim.
Damages
Railroad workers and people living close to railyards may be exposed to toxic and carcinogenic substances like asbestos and diesel exhaust. If you have developed illnesses linked to this exposure, our Houston railroad exposure lawyer can assist you in receiving compensation. In addition to covering past and future medical expenses, you may be eligible for compensation for lost wages and caregiver costs. Additionally, you can seek damages for pain and suffering as well as loss of enjoyment of life, emotional distress and more.
Our firm recently secured a defense verdict in favor of a Class 1 railroad client in an Federal Employers' Liability Act (FELA) case. The plaintiff claimed that he was diagnosed with Hodgkin's Lymphoma and kidney cancer due to his occupational exposure to creosote diesel exhaust and other toxic substances while working for the railroad as a locomotive engineer. The jury returned a verdict for defense after deliberating for less than one hour.
In another FELA lawsuit our lawyers secured the summary judgment in favor of the railroad defendant. The case was brought by an ex-train conductor. The lawsuit claimed that he had lung cancer due to his railroad work, and was caused by asbestos and other toxic chemicals. We claimed that the claim was not barred by the prior release agreement signed in connection with the settlement of an earlier asbestos lawsuit.