Colon Cancer Caused by Railroad Work
Exposure to chemicals that pose a risk is a regular occurrence for railroad workers. It has been established that this can cause cancer and other serious conditions.
For example asbestos and diesel exhaust have both been associated with colon cancer. Exposure to certain metal-working fluids, pesticides, along with solvents can increase the colon cancer risk.
Exposures
If they are loading or unloading chemicals or cleaning up spills, breathing diesel exhaust or using different solvents, railroad workers are exposed to dangerous substances during their work. Many of these carcinogens are connected to cancer or other chronic health conditions. Former and current railroad workers who suffer from cancer or other chronic illnesses are eligible for compensation through the Federal Employers Liability Act (FELA).
For instance, a widow of a retired railroad employee claimed that her husband's death from stomach cancer caused by asbestos was due to his job with CSX Transportation Inc. She contends that CSX was not able to provide adequate protection equipment to prevent the worker from inhaling asbestos fibres when sanding, washing and painting materials that contained the deadly material.
Another FELA claim concerns railroad workers who were exposed to creosote, coal dust and other toxic substances on the job. These chemicals can cause blood cancers, as well as lung disease.
It is a poisonous chemical that can be found in various products that are used in railroads, including the fuel as well as various solvents. Studies have linked benzene to a variety of cancers, including colon cancer. A lawyer who specializes in railroad cancers can determine if the condition you are suffering was caused by exposure to harmful chemicals on the job and submit a claim on your behalf. Federal law limits your time to make an injury claim. Therefore, it is important to talk to a lawyer whenever you can.
Diagnosis
Rail workers are exposed to toxic fumes and chemicals while on the job. For example, asbestos, welding fumes diesel exhaust and weed killers such as Imazethapyr and dicamba may all cause cancer of the colon. Railroad workers who are diagnosed with a health issue related to their job could be eligible for compensation under the Federal Employers Liability Act (FELA).
An experienced attorney for railroad injuries will assist you in pursuing this claim. FELA which was passed in 1908 requires railroads to pay for injuries sustained while working. This includes injuries such as the diagnosis of cancer, and it can provide substantial compensation.
At the end of 2016 a widow in Illinois filed an action against CSX Transportation Inc. claiming that the company did not implement adequate safety measures to prevent her late husband's death from stomach cancer that was later diagnosed as 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 able to hear expert testimony from two doctors of rehabilitative medicine and industrial hygiene specialists, as well as testimony from the plaintiff's wife, as well as his medical oncologist who claimed that exposure to diesel exhaust, asbestos and smoking cigarettes over the years contributed to his cancer. The jury came to a verdict in favor of the defendant railroad, after only a little more than three hours.
Treatment
If you've been diagnosed with colon cancer because of your railroad job, it is important to seek legal advice right immediately. Under the Federal Employers Liability Act (FELA), injured railroad workers have three years from the date of their diagnosis to make a claim.
A lawsuit against a railroad can be complicated depending on how you were diagnosed with cancer. For example, in some cases, it may be difficult to pinpoint exactly the time when toxic exposure occurred since many of these chemicals have a long half-life.
The jury will consider several factors when determining the amount compensation you will receive for your injuries. Loss of income, medical expenses and the pain and suffering are all elements that the jury will take into consideration. You may be entitled to compensation for wrongful deaths if your loved one is killed as a result.
In a recent incident, an ex-railroad worker claimed that colon cancer was the result of his continuous exposure to diesel exhaust, asbestos and other toxic chemicals on the job. He claimed that railroads did not comply with FELA safety standards. However, the court decided that the plaintiff was not able to conduct a "reasonably diligent" search for information about his disease. The jury concluded that he didn't have sufficient evidence to prove his claim.
Damages
Railroad workers and residents near railyards are exposed to carcinogenic and toxic chemicals like asbestos and diesel exhaust. If you've been diagnosed with illnesses related to this exposure our Houston railroad exposure lawyer can assist you in obtaining compensation. You could also be entitled to compensation to pay expenses for lost wages and caregiving. You may also be entitled to damages for emotional distress or pain and suffering and loss of enjoyment of your life.
class action lawsuit against union pacific railroad secured the defense 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 contracted kidney cancer and Hodgkin lymphoma due to his exposure to toxic substances like creosote and diesel exhaust when working as an engineer for locomotive engines. After just under an hour of deliberation, the jury returned with a defense verdict.
In a separate FELA lawsuit Our lawyers won summary judgment in favor of the railroad defendant. The case was filed by an ex-train conductor. The suit claimed that he had developed lung cancer as a result of his railroad job and was caused by exposure to asbestos and other toxic substances. We were of the opinion that the claim was not barred by a prior release agreement executed in connection with the settlement of an asbestos-related case earlier.