cancer lawsuit Caused by Railroad Work
Railroad workers are exposed dangerous chemicals on a regular basis. This has been proven to cause many kinds of cancer as well as other serious health conditions.
Asbestos and diesel exhaust for instance have both been linked with colon cancer. Exposure to certain metal-working fluids and pesticides, in addition to solvents can increase the colon cancer risk.
Exposures
Railroad workers are exposed dangerous substances on a regular on a regular basis. A number of these carcinogens are linked to cancer and other chronic health issues. Present and former railroad workers who suffer from cancer or other chronic illnesses can be entitled to compensation under the Federal Employers Liability Act (FELA).
For instance, a wife of a railroad worker who died claimed that her husband's death from asbestos-related stomach cancer was a result of his work as a worker for CSX Transportation Inc. She contends that CSX failed to provide adequate protection equipment to prevent him from inhaling asbestos fibers when sanding, washing and painting materials that contained deadly material.
Another FELA claim concerns railroad workers who were exposed to creosote, coal dust and other harmful agents on the job. These chemicals could cause leukemia, blood cancers and lung diseases.
Benzene is a toxic chemical that is present in many products used by railroads, such as fuel and different solvents. Studies have linked benzene to various cancers, including colon cancer. A skilled railroad cancer lawyer will determine if your disease was caused by on-the-job exposure to hazardous chemicals, and file a claim for injury on your behalf. Federal law restricts your time to file a claim. It is therefore essential to talk to an attorney as soon as you can.
Diagnosis
Rail workers are exposed to toxic fumes and chemicals during the job. For example, asbestos fumes and welding fumes, diesel exhaust, and weed killers like Imazethapyr or dicamba, can cause colon cancer. Railroad workers who suffer from an illness that is related to their work could be entitled to compensation via a lawsuit under the Federal Employers Liability Act (FELA).
An experienced railroad injury attorney can assist you with this claim. FELA which was passed in 1908, requires railroads pay for injuries sustained while on the job. This includes injuries like a cancer diagnosis, and it can provide significant compensation.
At the end of 2016 a widow from Illinois filed a lawsuit against CSX Transportation Inc. claiming that the company failed to provide adequate safety precautions to prevent her husband's death from stomach cancer which was later diagnosed as colon cancer. Ruth Frieson claims that her husband died of cancer after being exposed to asbestos and toxins at work. The jury heard evidence from two doctors in rehabilitative medical therapy, industrial hygienists and the wife of the plaintiff and also his medical oncologist. They all claimed that diesel exhaust, asbestos and a lifetime smoking contributed to the cancer. The jury came to with a verdict in favor of the railroad after just a little more than three hours.
Treatment
It is important to seek legal counsel as soon as you can if you have been diagnosed with colon cancer due to your railroad job. Under the Federal Employers Liability Act, railroad workers who have been injured can file a lawsuit within three years from the date of their diagnosis.
A lawsuit against a railroad might be difficult depending on the way you were diagnosed with cancer. In some instances it may be difficult to pinpoint the exact duration of exposure to toxic substances because many chemicals have a long-lasting half-life.
In determining the amount you may be awarded for your injuries the jury will take into account various factors. Loss of income, medical expenses and suffering and pain are all aspects that the jury will take into consideration. If a loved one of yours died because of their injuries, you may also be in the position of being entitled to damages for wrongful deaths.
In a recent case, an ex-railroad worker claimed that the cancer he developed was due to the constant exposure on the job to diesel exhaust, asbestos and other toxic chemicals. He claimed that railroads failed to comply with FELA safety standards. The court that the plaintiff did not conduct an "reasonably thorough" search for information about his illness. The jury decided that he did not have enough evidence to back his claim.
Damages
Railroad workers and residents near railyards are exposed to many carcinogenic and toxic chemicals, such as asbestos and diesel exhaust. Our Houston railroad exposure attorney could assist you in obtaining compensation if you suffered from illnesses caused by this exposure. In addition to covering past and future medical expenses, you may be entitled to compensation for the loss of earnings and costs for caregivers. You may also be able to seek damages for emotional distress, pain and suffering, as well as loss of enjoyment your life.
Our firm recently secured a defense verdict in favor of a Class 1 railroad client in a Federal Employers' Liability Act (FELA) case. The plaintiff claimed that he contracted kidney cancer and Hodgkin lymphoma due exposure to toxic substances such as creosote as well as diesel exhaust while working as an engineer of locomotive engines. union pacific railroad lawsuit returned a verdict in defense after having deliberated for less than one hour.
In a different FELA case, our lawyers won the court's summary judgment on behalf the railroad defendant in a case brought by a former freight train conductor. The lawsuit 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 a prior release contract signed in connection with the settlement of his asbestos case barred the claim.