Colon Cancer Caused by Railroad Work
Railroad workers are exposed to harmful chemicals on a regular basis. This has been shown to cause various types of cancer and other serious ailments.
For example asbestos and diesel exhaust have both been linked to colon cancer. It's also been proven that exposure to certain solvents, metal-working fluids, and pesticides can elevate colon cancer risk.
Exposures
Railroad workers are exposed to hazardous substances on a daily routine. Many of these carcinogens can be linked to cancer or other chronic health issues. Present and former railroad workers who suffer from cancer or other chronic illnesses can be qualified for compensation under the Federal Employers Liability Act (FELA).
For instance, a wife of a retired railroad employee claimed that her husband's death from stomach cancer linked to asbestos was due to his job with CSX Transportation Inc. She contends that CSX was not able to provide adequate protection equipment to prevent him from inhaling asbestos fibers when washing, sanding and painting materials that contained dangerous material.
Another FELA claim involves 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.
The chemical benzene is toxic that is found in various products that are used on railroads, such as fuel and various solvents. Studies have linked benzene to a variety of cancers including colon cancer. A skilled lawyer for cancer of the railroad can determine if your condition was the result of work-related exposure to hazardous chemicals, and file an injury claim on your behalf. Federal law restricts the time to submit claims. Therefore, it is important to talk to a lawyer immediately.
Diagnosis
Railroad workers are exposed numerous toxic chemicals and fumes on the job. The fumes from welding, asbestos, diesel exhaust, and weed killers like Imazethapyr or dicamba, may cause colon cancer. Railroad workers diagnosed with a health issue related to their work may be entitled to compensation under the Federal Employers' Liability Act (FELA).
An experienced attorney for railroad injuries can help you pursue this claim. FELA which was passed in 1908, requires railroads pay for injuries sustained while on the job. This includes injuries like cancer, and it could provide significant compensation.
A widow in Illinois sued CSX Transportation Inc. at the end of 2016 alleging the company failed to take the necessary safety measures to stop the death of her husband who died from stomach cancer, which then metastasized to colon cancer. Ruth Frieson claims that her husband died from cancer due to being exposed to asbestos and toxins at work. The jury heard evidence from two doctors of rehabilitative medicine industrial hygiene, industrial hygienists as well as the wife of the plaintiff and also his medical oncologist. They all claimed that asbestos, diesel exhaust and a lifetime of smoking contributed to his cancer. However, the jury handed down a verdict to the defendant railroad after just under three hours of deliberation.
Treatment
It is important to seek legal advice whenever possible should you be diagnosed with colon carcinoma because of your job at a railroad. Under the Federal Employers Liability Act, railroad workers who are injured can pursue a lawsuit within three years of their diagnosis.
class action lawsuit against union pacific railroad against a railroad may be complex based on how you were diagnosed with cancer. In some instances it is difficult to pinpoint the exact duration of exposure to toxic substances since many chemicals have an extended half-life.
The jury will look at a variety of factors when determining the amount compensation you could receive for your injury. These include the loss of income, medical expenses and the suffering and pain you've endured. If your loved one passed away 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 colon cancer was the result of the continuous exposure to diesel exhaust, asbestos and other toxic chemicals while on the job. The railroads did not comply with FELA safety regulations. However, the court ruled that the plaintiff did not conduct a "reasonably diligent" search for information regarding his disease. The jury concluded that he did not have sufficient evidence to back his claim.
Damages
Railroad workers and those who live near railyards are exposed many carcinogenic and toxic chemicals, like asbestos and diesel exhaust. Our Houston railroad exposure lawyer can help you get compensation if you contracted illnesses due to this exposure. You may also be entitled to compensation to pay expenses for lost wages and caregiving. You can also seek damages for emotional distress or pain and suffering and loss of enjoyment of your life.
Our firm was awarded a defense jury verdict in the Federal Employers' Liability Act case on behalf of a railroad client. The plaintiff alleged that he had developed Hodgkin's Lymphoma and kidney cancer as a result of occupational exposure to creosote diesel exhaust and other toxic substances while working for the railroad as an engineer for locomotives. The jury returned a verdict in defense after deliberating for less than one hour.
In a separate FELA lawsuit our lawyers secured an order of summary judgment in favor the railroad in question. The case was filed by an ex-train conductor. The suit claimed that he had developed lung cancer as a result of his job on the railroad and was triggered by exposure to asbestos and other toxic substances. We argued that a previous release contract executed in connection with the settlement of his asbestos case was invalid and barred the claim.
