Railroad Settlements and Colon Cancer
Railroad workers have a higher risk of developing certain cancers because of exposure to toxic chemicals. They are exposed to diesel exhaust and other workplace toxins such as silica sand and solvents.
Hughes Law Offices have won substantial settlements and verdicts for these cases. We've compiled a few examples below.
FELA Lawsuits
Regardless of the position they were in at the railway, employees who are diagnosed with cancer related to their job can file a claim for compensation under the Federal Employers Liability Act (FELA). The law was enacted more than a century ago and has allowed to make railroad companies accountable when their employees are hurt.
The law allows railroad employees who have been injured to collect damages in the form of medical expenses, lost wages and discomfort and pain. The monetary awards for pain and suffering are indefinite. To determine an appropriate amount, a FELA attorney will interview the client along with their family members and friends to build an idea of how cancer has affected their lives. A consultation with oncologists and chemotherapy technicians would also be helpful.
A FELA case has the benefit of being filed in either a state or federal court. Federal substantive law controls FELA claims but federal courts have a wide discretion to apply common law tort principles in cases filed under FELA.
The most difficult thing for a plaintiff in a FELA case is establishing the liability. Railway corporations often employ the defense of comparative negligence to shift liability. However, with the assistance of a skilled attorney, a former railroad worker can be successful in the face of such challenges.
Medical expenses
A cancer diagnosis for a railroad worker can result in a variety of financial difficulties. Cancer can also result in the need to take time off from work, which could result in lost income and costs for caregivers. Additionally medical bills and related expenses can result in an avalanche of debt. In order to pay for these costs, workers may seek compensation through an agreement under the Federal Employers Liability Act.
FELA lawsuits can be awarded damages for medical expenses, both past and future, as well as tangible consequences such as suffering and pain. A knowledgeable FELA lawyer can help the client determine an adequate amount of compensation for the various aspects of their injury. Settlements will be sufficient to cover all future and past medical expenses, and compensate the victim for any loss of income incurred by their illness.
Rail workers are exposed to many harmful substances while working. Both diesel exhaust and asbestos are linked to colon cancer. Exposure to metal-working liquids (soluants), pesticides, and other chemicals may increase the risk of cancer. A lawyer for colon cancer in the railroad could show a link between the worker's exposure on the job and their health.
While each case is unique, a review past FELA settlements or verdicts may provide a reliable indication of the potential payout in a railroad cancer case. The lawyers at Hughes Law Offices will examine a settlement offer to determine if it will suffice to meet the needs of a customer.
Suffering and Pain
Legally pain and suffering refers to the mental and physical trauma resulting from the aftermath of a medical accident. A jury can give compensation for pain and suffering. Colon cancer lawsuit settlements could be an important element of an action filed under the Federal Employers Liability Act. A lawyer who is knowledgeable about your case can help you determine the proper amount of damages.
Often, employers offer to settle a claim of an injured employee prior to the case going to trial or while the trial is taking place. Colon cancer lawsuit settlements is, however, advisable to study any settlement offers carefully before deciding to accept the offer. An attorney from a railroad cancer case could evaluate a settlement to determine whether it is reasonable and appropriate in the circumstances. They could also compare the offer to precedents from the law to determine whether it's worth accepting the settlement or taking the case to the court.
Loss of Earnings
A railroad worker may be eligible for compensation for lost earnings. The money awarded will not cover the time that a worker was unable to work due to this condition or even restore their health. However, it may provide financial stability to families going through a difficult time. A skilled attorney for railroad injuries could help to gather documentation to prove a victim's financial losses, which include pay taxes, stubs and other financial documents.
Railroad workers are at a high risk of developing illnesses such as colon cancer due to exposure to toxic chemicals, like asbestos and diesel exhaust. The lawyers at Hughes Law Offices will consider every possible source of exposure into account when pursuing damages for a client.
Colorectal cancer is diagnosed using blood tests, stool tests and biopsies of suspicious areas in the rectum or colon. Treatment options include surgery, chemotherapy and radiotherapy. A person suffering from colon cancer as a result of working on the railway may be able to recover significant compensation to pay for future and past medical expenses including loss of earnings along with pain and suffering and other damages.
FELA provides a three year statute of limitations to pursue the railroad company for on-the-job injuries or illnesses. A knowledgeable lawyer for railroad injuries can assist in evaluating any settlement offer and determine whether it is fair and appropriate under the circumstances.