10 Railroad Lawsuit Blood Cancer That Are Unexpected
Colon Cancer Caused by Railroad Work
Railroad workers are exposed hazardous chemicals on a daily routine. It has been proven to cause various types of cancer and other serious illnesses.
Asbestos and diesel exhaust, for example have been linked with colon cancer. It's also been confirmed that exposure to certain solvents, metal-working fluids and pesticides may increase colon cancer risk.
Exposures
Railroad workers are exposed to toxic substances on a regular every day. A number of these carcinogens are linked to cancer and other chronic health issues. Federal Employers Liability (FELA) offers compensation to railroad workers with cancer or chronic illnesses.
For example, a widow of a former railroad worker claimed that her husband's death from stomach cancer caused by asbestos was due to his employment as a worker for CSX Transportation Inc. She asserts that CSX was not able to provide adequate safety equipment to safeguard him from breathing asbestos fibers while washing, sanding and painting materials that contained deadly material.
Another FELA claim involves railroad workers who were exposed to creosote, coal dust and other harmful substances while on the job. These chemicals can cause leukemia, blood cancers, as well as lung disease.
Benzene, a toxic chemical, is present in many products used by the railroad. This includes fuel as well as solvents. Studies have linked benzene to various cancers, including colon cancer. A knowledgeable lawyer for railroad cancer can determine if your condition was the result of exposure to hazardous chemicals and file a claim on your behalf. Federal law restricts the time it takes to file a claim, so it is essential to consult an attorney sooner rather than later.
Diagnosis
Rail workers are exposed to toxic fumes and chemicals during the job. The fumes from welding, asbestos diesel exhaust, as well as herbicides such as Imazethapyr or dicamba, may cause colon cancer in all of us. Railroad workers diagnosed with a condition that is related to their job may be entitled to compensation under the Federal Employers Liability Act (FELA).
An attorney for railroad accidents can help you with this claim. FELA, passed in 1908 allows railroads to compensate for injuries that occur while working. This could include cancer diagnoses as well as other injuries.
In the summer of 2016 a widow from Illinois filed a lawsuit against CSX Transportation Inc. claiming that the company failed to implement adequate safety measures to prevent her husband's death from stomach cancer which became colon cancer and metastasized. Ruth Frieson claims that her husband died of cancer after being exposed to toxins and asbestos while at work. The jury heard expert testimony from two doctors of rehabilitative medicine and industrial hygienists, settlement as well from the plaintiff's wife and his medical oncologist who claimed that exposure to asbestos, diesel exhaust, and a lifetime of smoking contributed to his cancer. The jury returned with a verdict in favor of the railroad after just a little over three hours.
Treatment
If you've been diagnosed with colon cancer due to your railroad job it is essential to seek legal advice right now. Under the Federal Employers Liability Act, railroad workers who are injured may bring a lawsuit within three years of diagnosis.
Depending on how the cancer was diagnosed, there may be a number of complexities in bringing a suit against railroads. In some circumstances, it might be difficult to pinpoint precisely the time when toxic exposure occurred since a lot of these chemicals have a long half-life.
In determining the amount you are entitled to for your injuries, the jury will consider many different elements. Loss of income, medical expenses and the pain and suffering are all factors that the jury will be considering. You may be entitled to damages for wrongful death if your loved ones die as a result.
In a recent incident, an ex-railroad employee claimed the cancer he developed was due to the constant exposure on the job to diesel exhaust, asbestos and other toxic chemicals. The railroads did not comply with FELA safety regulations. However, the court ruled that the plaintiff didn't conduct an "reasonably diligent" lookup for information about his illness. The jury ruled that he did not have enough evidence to back his claim.
Damages
Railroad workers and residents close to railyards may be exposed to carcinogenic and toxic chemicals, such as asbestos and diesel exhaust. If you've developed a disease related to this exposure our Houston railroad exposure lawyer could assist you in obtaining compensation. You could also be entitled to compensation for the cost of lost wages and expenses for caregivers. In addition, you may be able to pursue damages for suffering and pain, loss of enjoyment of life, emotional distress, and many more.
Our firm recently won a defense verdict in favor of a Class 1 railroad client in a Federal Employers' Liability Act (FELA) case. The plaintiff claimed that he developed Hodgkin's and kidney cancer as a result of his work-related exposure to creosote diesel exhaust and other toxic substances while working on the railroad as an engineer of locomotives. After just under an hour of deliberation the jury returned with a defense decision.
In a different FELA case our lawyers obtained a the court's summary judgment on behalf the railroad in a case brought by an ex-train conductor settlement of freight trains. 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 asserted that the claim was not barred by an earlier release agreement that was signed in connection with the settlement of an earlier asbestos case.