Colon Cancer Caused by Railroad Work
Exposure to chemicals that pose a risk is a common occurrence for railroad workers. It has been proved that this can cause cancer and other serious conditions.
Asbestos and diesel exhaust, for instance have been linked with colon cancer. Exposure to certain metal-working fluids, pesticides, as well solvents could increase risk of colon cancer.
Exposures
If they are unloading or loading chemicals or cleaning up spills, breathing diesel exhaust or using various solvents, railroad workers are exposed dangerous substances in their jobs. Many of these carcinogens are linked to cancer or other chronic health issues. Federal Employers Liability (FELA) provides compensation to railroad workers suffering from cancer or chronic illnesses.
For instance, the widow of a retired railroad employee claimed that her husband's death from stomach cancer linked to asbestos was due to his job as a worker for CSX Transportation Inc. She alleges CSX did not provide the proper protection equipment to prevent him from breathing asbestos fibers when washing, sanding and painting materials that contained the deadly substance.
Another FELA claim involves railroad workers who were exposed to coal dust, creosote and other harmful agents on the job. These chemicals could cause leukemia, blood cancers, and lung diseases.
The chemical Benzene is harmful that is found in the products that are used in railroads, including fuel and different solvents. Studies have linked benzene with various cancers, including colon cancer. A lawyer who specializes in railroad cancers can determine if the condition you're suffering from was caused due to exposure to dangerous chemicals at work and file a claim on behalf. Federal law restricts the amount of time you need to file a claim, which is why it is important to consult an attorney earlier rather than later.
Diagnosis
Railroad workers are exposed many toxic fumes and chemicals on the job. For example, asbestos, welding fumes diesel exhaust, and weed killers like Imazethapyr and dicamba are all known to cause cancer of the colon. Railroad workers diagnosed with a disease related to their work might be entitled to compensation under the Federal Employers Liability Act (FELA).
An experienced attorney for railroad injuries can assist you with this claim. FELA was passed in 1908 and, requires railroads pay for injuries that occur while working. This includes injuries that result from cancer and it can offer an enormous amount of compensation.
A widow in Illinois sued CSX Transportation Inc. at the end of 2016, claiming the company did not take the safety measures necessary to stop the death of her husband's stomach cancer, which then metastasized to colon cancer. Ruth Frieson claims that her husband died from cancer after being exposed to toxins and asbestos while at work. In the course of the trial, jurors were presented with expert testimony from two doctors of rehabilitative medicine and industrial hygienists, as well the wife of the plaintiff and his medical oncologist, who claimed that exposure to diesel exhaust, asbestos and smoking cigarettes for years caused his cancer. The jury, however, delivered a verdict in favor of the railroad defendant after just three hours of deliberation.
Treatment
If you've been diagnosed with colon cancer because of your railroad work, it is important to seek legal counsel right immediately. Under the Federal Employers Liability Act, railroad workers who are injured may file a lawsuit within three years of diagnosis.
Depending on how the cancer was diagnosed, there could be a variety of issues when filing a lawsuit against a railroad. In certain cases it may be difficult to pinpoint the exact date of toxic exposure because many chemicals have a long-lasting half-life.
The jury will take into account a number of aspects when determining the amount compensation you are entitled to in the event of an injury. Loss of income, medical expenses as well as suffering and pain are all aspects that the jury will take into account. You may be entitled to wrongful-death damages if your loved ones die due to.
In a recent instance, an ex-railroad worker claimed colon cancer developed as a result of his continuous exposure to asbestos, diesel exhaust and other toxic chemicals while on the job. He claimed that the railroads were not in compliance with FELA safety regulations. The court, however, ruled that the plaintiff did not conduct a "reasonably diligent" search for information regarding his condition. The jury ruled that he didn't have enough evidence to support his claim.
Damages
Railroad workers and residents near railyards can be exposed to toxic and carcinogenic chemicals, such as asbestos and diesel exhaust. blacklands railroad lawsuit could help you get compensation if you suffered from illnesses linked to this exposure. You could also be eligible for compensation to cover expenses for lost wages and caregiving. You can also seek damages for emotional distress and pain and suffering and loss of enjoyment your life.
Our firm recently obtained a defense verdict on behalf of a Class 1 railroad client in an Federal Employers' Liability Act (FELA) case. The plaintiff claimed that he had contracted kidney cancer and Hodgkin lymphoma as a result of his exposure to toxic substances such as creosote and diesel exhaust while working as an engine engineer for locomotives. After just under an hour of deliberation, the jury reaffirmed a defense verdict.
In another FELA case the lawyers of our firm won a summary judgment for the defendant railroad in a suit filed by a former freight train conductor. The suit claimed that he was suffering from lung cancer due to his railroad work and was caused by asbestos and other toxic chemicals. We argued that the claim was barred by a prior release agreement executed in connection with the settlement of an earlier asbestos case.