Colon Cancer Caused by Railroad Work
Railroad workers are exposed to hazardous chemicals on a daily basis. It has been proved that this can cause cancer as well as other serious conditions.
Asbestos and diesel exhaust, for example, have both been linked with colon cancer. Exposure to certain metal-working fluids and pesticides, in addition to solvents could increase risk of colon cancer.
Exposures
When they are loading or unloading chemicals or cleaning up spills, breathing diesel exhaust or using different solvents, railroad workers are exposed dangerous substances in their jobs. Many of these carcinogens are connected to cancer or other chronic health issues. Federal Employers Liability (FELA) offers compensation to railroad workers with cancer or chronic illnesses.
A widow of a former railroad employee claimed that her husband had died from stomach cancer caused by asbestos because of his employment with CSX Transportation Inc.
Another FELA claim concerns railroad workers exposed to coal dust and other hazardous agents while at work. These chemicals can lead to leukemia, blood cancers and lung diseases.
Benzene, a hazardous chemical, is found in many products used by railroads. This includes fuel and solvents. Studies have linked benzene to multiple cancers including colon cancer. A knowledgeable lawyer for railroad cancer could determine if your illness was the result of work-related exposure to hazardous chemicals, and file a claim on your behalf. Federal law restricts your time to file a claim. Therefore, it is important to speak with a lawyer immediately.
Diagnosis
Rail workers are exposed to toxic fumes and chemicals on the job. The fumes from welding, asbestos, diesel exhaust, and weed killers like Imazethapyr or dicamba, may cause colon cancer. Railroad workers who are diagnosed with an illness that is related to their work could be entitled to compensation through an action under the Federal Employers Liability Act (FELA).
An experienced attorney for railroad injuries can assist you in pursuing this claim. FELA was passed in 1908 and requires railroads pay employees for injuries sustained on the job. This includes injuries like cancer, and can result in substantial compensation.
At the end of 2016, a widow from Illinois filed an action against CSX Transportation Inc. claiming that the company failed to provide adequate safety precautions to prevent her husband's death from stomach cancer that became colon cancer and metastasized. The plaintiff, Ruth Frieson, claims that her husband's exposure to asbestos and toxins resulting from his employment with CSX caused the cancer and ultimately his death. The jury heard evidence from two doctors of rehabilitative medicine as well as industrial hygienists, the plaintiff's wife, and also his medical oncologist. They all claimed that diesel exhaust, asbestos and a lifetime of smoking contributed to the cancer. However, the jury handed down a verdict to the defendant railroad after just over three hours of deliberation.
Treatment
It is important to seek legal representation as soon as you can if you have been diagnosed with colon carcinoma because of your railroad work. Under the Federal Employers Liability Act, railroad workers who have been injured may pursue a lawsuit within three years of their diagnosis.
Depending on how the cancer was diagnosed, there could be a variety of issues when filing a lawsuit against railroads. In certain instances it isn't easy to pinpoint the exact time of toxic exposure because many chemicals have an extended half-life.
The jury will consider several aspects when determining the amount of compensation you can receive for your injury. This includes the loss of income, medical expenses, and the suffering and pain you have endured. You may be entitled compensation for wrongful deaths if your loved ones die as a result.
In a recent incident, an ex-railroad worker claimed that the cause of his cancer was his exposure on the job to asbestos, diesel exhaust and other toxic chemicals. class action lawsuit against union pacific railroad claimed that the railroads had not complied with FELA safety regulations. However, the court determined that the plaintiff had not conducted a "reasonably diligent" search for information regarding his illness. The jury found that he did not have enough evidence to prove his claim.
Damages
Railroad workers and those living near railyards are exposed to toxic and carcinogenic substances like asbestos and diesel exhaust. Our Houston railroad exposure lawyer could assist you in obtaining compensation should you contracted illnesses due to this exposure. You may also be entitled to compensation to pay the loss of wages and costs for caregivers. You may also seek damages for emotional distress as well as pain and suffering and loss of enjoyment your life.
Our firm recently won a defense verdict in favor 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 due to his exposure to toxic substances like creosote, diesel exhaust and creosote while working as an engineer for locomotive engines. After less than an hour of deliberation, the jury reaffirmed a defense verdict.
In another FELA case our lawyers obtained a the court's summary judgment on behalf the railroad in a lawsuit brought by an ex-train conductor of freight trains. The lawsuit claimed that he was diagnosed with lung cancer as a result of his work on the railroad and was caused by exposure to asbestos and other toxic substances. We argued that a prior release agreement that was signed in connection to the settlement of the asbestos case was insufficient to bar the claim.