Colon Cancer Caused by Railroad Work
Railroad workers are exposed to hazardous chemicals on a daily routine. It has been demonstrated that this can cause cancer and other serious health issues.
Asbestos and diesel exhaust, for instance have been linked with colon cancer. Exposure to certain metal-working fluids, pesticides, as well as solvents can increase colon cancer risk.
Exposures
If they are unloading or loading chemicals cleaning up spills breathing diesel exhaust or using other solvents, railroad workers are exposed to hazardous substances while working. Many of carcinogens have been linked to cancer and other chronic health conditions. Former and current railroad workers who suffer from cancer or other chronic illnesses can be eligible for compensation under the Federal Employers Liability Act (FELA).
For example, a widow of a former railroad worker claimed that her husband's death due to asbestos-related stomach cancer was caused by his job with CSX Transportation Inc. She claims CSX was not able to provide adequate safety equipment to safeguard the worker from inhaling asbestos fibers during washing, sanding or painting materials that contained dangerous material.
A second FELA claim concerns railroad workers exposed to coal dust and other harmful agents at work. These chemicals can cause leukemia, blood cancers, and lung diseases.
Benzene, a poisonous chemical, is present in a wide range of products used by railroads. This includes fuel as well as solvents. Studies have found a link between benzene and a variety of cancers including colon cancer. A railroad cancer lawyer can determine if the condition that you are suffering from was caused by your exposure to hazardous chemicals on the job and file a claim on behalf. Federal law restricts the time you have to make a claim, therefore it is important to consult an attorney sooner rather than later.
Diagnosis
Railroad workers are exposed to various toxic chemicals and fumes during their work. Asbestos, welding fumes, diesel exhaust and weed killers such as Imazethapyr and dicamba can all cause colon cancer. Railroad workers diagnosed with a condition related to their job may be entitled to compensation under the Federal Employers Liability Act (FELA).
A lawyer for railroad injuries will be able to assist you with this claim. FELA was adopted in 1908 and requires railroads to pay employees for injuries incurred on the job. This could include cancer diagnosis and other injuries.
At the end of 2016, a widow from Illinois filed a lawsuit against CSX Transportation Inc. claiming that the company did not provide adequate safety precautions to prevent her husband's death from stomach cancer which became colon cancer and metastasized. Ruth Frieson claims that her husband died from cancer after being exposed to asbestos and toxins at work. In the trial, jurors were able to hear expert testimony from two doctors of rehabilitative medicine and industrial hygienists, as well from the plaintiff's wife and his medical oncologist who claimed that his exposure to diesel exhaust, asbestos, and smoking cigarettes for years caused his cancer. The jury pronounced the verdict in favor of the railroad defendant, after only a little more than three hours.
Treatment
It is essential to seek legal counsel as soon as possible should you be diagnosed with colon cancer due to your railroad job. Under the Federal Employers Liability Act, railroad workers who are injured can pursue a lawsuit within three years from the date of their diagnosis.
Depending on how your cancer was diagnosed, there could be a number of complexities in bringing a suit against a railroad. In some instances it isn't easy to pinpoint the exact time of exposure to toxic chemicals because a lot of chemicals have an extended half-life.
The jury will consider several factors when determining the amount of compensation you could receive in the event of an injury. Loss of income, medical expenses as well as pain and suffering are just a few aspects that the jury will consider. If your loved one died as a result of their injuries, you may also be legally entitled to damages for their death.
In a recent incident, an ex-railroad worker claimed that he developed colon cancer because of his constant exposure to diesel exhaust, asbestos and other toxic chemicals while on the job. lawsuits against union pacific railroad claimed that railroads were not in compliance with FELA safety standards. The court ruled that the plaintiff did not conduct a "reasonably thorough" search for information regarding his disease. The jury concluded that he did not have sufficient evidence to prove his claim.
Damages
Railroad workers and people living near railyards are exposed to numerous carcinogenic and toxic chemicals, including asbestos and diesel exhaust. If you've suffered from illnesses caused by this exposure, our Houston railroad exposure lawyer can help you obtain compensation. You could also be entitled to compensation to cover lost wages and caregiver expenses. Additionally, you can seek damages for suffering and pain or loss of enjoyment life, emotional distress, and more.
Our firm recently secured an appeal verdict on behalf of a Class 1 railroad client in the context of a Federal Employers' Liability Act (FELA) case. The plaintiff claimed that he was diagnosed with Hodgkin's Lymphoma and kidney cancer because of his work-related exposure to creosote diesel exhaust, and other toxic substances while working on the railroad as an engineer for locomotives. After less than an hour of deliberation, the jury reaffirmed a defense decision.
In a separate FELA lawsuit our lawyers obtained a the summary judgment in favor of the railroad in question. The case was filed by an ex-train conductor. The suit claimed that he was suffering from lung cancer due to the work he did for railroads, and that it was caused by asbestos and other toxic chemicals. We claimed that the claim was barred by the prior release agreement signed in connection with the settlement of an asbestos-related case earlier.