railroad lawsuits Caused by Railroad Work
Exposure to chemicals that are hazardous is a daily occurrence for railroad workers. It has been proven that this can cause cancer as well as other serious health issues.
For example asbestos and diesel exhaust have both been linked to colon cancer. It's also been confirmed that exposure to certain solvents, metal-working fluids and pesticides can increase the risk of colon cancer.
Exposures
Railroad workers are exposed to hazardous substances on a daily basis. Many of these carcinogens have been linked to cancer and other chronic health issues. Former and current railroad workers who suffer from cancer or other chronic illnesses can be qualified for compensation under the Federal Employers Liability Act (FELA).
For instance, the widow of a retired railroad employee claimed that her husband's death from stomach cancer caused by asbestos was caused by his job with CSX Transportation Inc. She alleges CSX did not provide adequate safety equipment to safeguard him from breathing asbestos fibers when washing, sanding and painting materials that contained deadly 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 leukemia, blood cancers, and lung diseases.
Benzene, a hazardous chemical, is found in many products used by the railroad. This includes fuel and solvents. Studies have linked benzene to multiple cancers including colon cancer. A skilled railroad cancer lawyer can determine if the illness was the result of work-related exposure to harmful chemicals and file an injury claim on your 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
Rail workers are exposed to toxic fumes and chemicals on the job. For example, asbestos, welding fumes diesel exhaust, and weed killers such as Imazethapyr and dicamba may all cause colon cancer. Railroad workers who have been diagnosed with an illness related to their job may be entitled to compensation via a lawsuit under the Federal Employers Liability Act (FELA).
An experienced railroad injury lawyer can assist you in pursuing this claim. FELA, passed in 1908 allows railroads to compensate for injuries sustained while on the job. This includes injuries such as the diagnosis of cancer, and it can offer substantial compensation.
A widow in Illinois filed a lawsuit against CSX Transportation Inc. at the end of 2016, claiming the company did not take the necessary safety measures to stop the death of her husband's stomach cancer, which then metastasized to colon cancer. The plaintiff, Ruth Frieson, claims that her husband's exposure asbestos and toxic substances from his work with CSX caused the cancer and ultimately his death. During the trial, jurors heard expert testimony from two doctors of rehabilitative medicine and industrial hygienists as well as from plaintiff's wife and his medical oncologist who claimed that his exposure to asbestos, diesel exhaust, and smoking cigarettes over the years caused his cancer. However, the jury handed down a verdict to the railroad defendant after just a little over three hours of deliberation.
Treatment
It is crucial to seek legal representation as soon as possible in the event that you've been diagnosed with colon carcinoma because of your railroad work. Under the Federal Employers Liability Act, railroad workers who are injured can bring a lawsuit within three years of diagnosis.
A lawsuit against a railroad may be difficult depending on the way you were diagnosed with cancer. For instance, in certain cases, it can be difficult to pinpoint exactly the time and date of exposure to toxic substances because many of these chemicals have a lengthy half-life.
In determining the amount you are entitled to for your injuries, the jury will consider many different elements. This includes the loss of income, medical expenses, and the pain and suffering you've endured. If your loved one passed away because of their injuries, you may also be legally entitled to damages for their death.
In a recent case, an ex-railroad worker claimed that the cause of his cancer was his constant exposure on job to asbestos, diesel exhaust and other toxic chemicals. He claimed that railroads were not in compliance with FELA safety standards. The court decided, however, that the plaintiff was not able to conduct a "reasonably thorough" search for information regarding his illness. The jury ruled that he did not have sufficient evidence to support his claim.
Damages
Railroad workers and residents near railyards can be exposed to carcinogenic and toxic chemicals, such as asbestos and diesel exhaust. Our Houston railroad exposure lawyer can help you get compensation if you have developed illnesses related to this exposure. In addition to covering past and future medical expenses, you could be entitled to compensation for lost earnings and costs for caregivers. In addition, you may be able to pursue damages for suffering and pain and loss of enjoyment life, emotional distress, and more.
Our firm was awarded a defense jury verdict in the Federal Employers' Liability Act case on behalf of one of our railroad clients. The plaintiff claimed that he had contracted kidney cancer and Hodgkin lymphoma due to his exposure to toxic substances like creosote, diesel exhaust and creosote while working as an engineer for locomotive engines. The jury returned a verdict for defense after having deliberated for less than one hour.
In another FELA case, our lawyers won the summary judgment on behalf of the defendant railroad in a case brought by a former freight train conductor. The suit claimed that he had developed lung cancer due to his job on the railroad and was triggered by exposure to asbestos and other toxic substances. We were of the opinion that the claim was not barred by the prior release agreement signed in connection with the settlement of an earlier asbestos lawsuit.