Railroad Settlements and Colon Cancer
Railroad workers are at greater risk for certain cancers because of exposure to toxic chemicals. They are exposed to diesel exhaust and other workplace toxins such as silica sands, solvents, asbestos, and creosote.
Hughes Law Offices has won several large verdicts and settlements in these cases. Here are a few of the cases.
FELA Lawsuits
Workers who have been diagnosed with cancer as a result of their work, regardless of their position on the railroad are able to file a claim under the Federal Employers Liability (FELA) Act. The law was enacted over 100 years ago and has helped hold railroad companies accountable when their employees are injured.
The law permits injured railroad employees to recover damages in the form of medical expenses, lost wages, and discomfort and pain. The financial pain and suffering award is unlimited. To determine an appropriate amount an FELA attorney would interview the client, their family members and friends to create a picture of how the cancer has affected their lives. A consultation with oncologists and chemotherapy technicians could be beneficial.
A FELA claim can be filed in either a state or federal court. Federal substantive law governs FELA claims, but federal courts have the discretion to apply common tort law principles in cases filed under FELA.
Liability is one of the biggest challenges that plaintiffs face in a FELA lawsuit. Railway corporations frequently rely on the defense of comparative negligence to shift some or all liability off them. However, with the help of a knowledgeable attorney, former railroad workers can overcome these challenges.
Medical Costs
A cancer diagnosis for a railroad worker could result in a range of financial issues. Cancer can also result in time off work, which can result in loss of wages and increased expenses for caregivers. Medical costs and other expenses can create a large debt. To cover these costs, employees can seek compensation via an agreement under the Federal Employers Liability Act.
FELA lawsuits may award damages for medical expenses, both past and future and also for non-tangible consequences like pain and suffering. A skilled FELA lawyer can assist a client establish an appropriate amount of compensation for the different aspects of their injury. Settlements will include all future and past medical expenses, and also compensate the victim for any loss of income caused by their illness.
Rail workers are exposed to various toxic substances in their work. Diesel exhaust and asbestos have both been linked to colon cancer. Exposure to solvents, metal-working fluids, pesticides and various other chemicals can also increase a person's chance of developing cancer. A skilled railroad colon cancer attorney could demonstrate a link between the exposure of a worker and their health condition.
While every case is not the same, a comparison of the history of FELA settlements and verdicts may provide a great idea of the potential payout for a cancer claim against a railroad. Hughes Law Offices will evaluate the settlement to determine whether it is adequate for the client.
Suffering and Pain
Legally"pain and suffering" refers to the mental and physical trauma that is caused by a medical accident. A jury may decide to award compensation for pain and suffering. This could be an important element of an action filed under the Federal Employers Liability Act. A skilled lawyer can help determine the appropriate amount for damages that are specific to your situation.
Often, employers offer to settle the case of an injured employee prior to the case going to trial or even while the trial is still in progress. However, it is wise to study any settlement offers carefully before accepting them. A railroad cancer lawyer could analyze a settlement proposal to determine whether it is adequate and fair under the circumstances. They could also compare the offer with legal precedent to determine if it's beneficial for the victim to accept the offer or take the matter to court.
railroad injury settlement amounts of Earnings
Railroad workers can be awarded compensation for the loss of earnings. The money will not be able to replace the time lost due to this disease or even help to restore their health. However, it may help families in this tough moment. A skilled attorney for railroad injuries could assist in gathering evidence to prove the victim's financial losses, including pay receipts, tax returns, and other financial documents.
Railroad workers are at an increased risk for developing illnesses like colon cancer because of exposure to toxic chemicals, like asbestos and diesel exhaust. The attorneys at Hughes Law Offices will take all possible sources of exposure into consideration when pursuing damages on behalf of the client.
Colorectal carcinoma is detected by stool tests, blood tests and biopsies taken from areas that are suspicious of the colon or rectum. Treatment options include chemotherapy, surgery and radiation. are options for treatment. Patients suffering from colon cancer as a result of working on the railway may be able to claim substantial compensation to cover future medical bills and loss of earnings along with pain and suffering and other damages.
FELA gives a three-year timeframe of limitations to pursue claims against a railroad company for on-the-job injuries or illnesses. A knowledgeable lawyer for railroad injuries can help evaluate the potential settlement offer to determine if it is fair and adequate in the context of the situation.