Railroad Esophageal Cancer Attorney
Esophageal cancer is one of the most common ways to die from cancer worldwide, even though many people do not think of it as a form of cancer. Esophageal cancer is thought to be caused by exposure to certain toxic substances, such as asbestos, diesel exhaust, and industrial solvents.
These toxic substances can cause debilitating illnesses such as esophageal cancer in railroad workers who have been exposed to them. If you are suffering from esophageal cancer, you may want to talk to a railroad esophageal cancer lawyer about your options. Injuries caused by railroad conditions can sometimes be compensated by railroad injury attorneys familiar with injuries caused by railroad accidents.
What are the steps to file a cancer claim for railroad workers?
Employees in the railroad industry may seek compensation for diseases and injuries caused by the negligence of their employers under the Federal Employer’s Liability Act (FELA). There were many instances in which companies were aware of the dangers posed by asbestos and diesel exhaust, yet failed to take adequate measures to protect their employees.
There are traumatic injuries resulting from worksite accidents, but also repetitive motion injuries, aggravation of pre-existing conditions, and occupational diseases such as cancer. Lawyers who specialize in railroad esophageal cancer cases can assist with determining and proving that improper working conditions led to the cancer.
Under FELA, compensation is available
Employees exposed to hazardous materials on the job and suffering from esophageal cancer or other diseases may be entitled to financial and non-economic damages. Those which are economically measurable, such as medical expenses, are considered economic losses. A non-economic loss is an intangible harm that does not have a direct monetary equivalent, but which can still have a profound impact on someone’s life, such as pain.
A railroad esophageal cancer lawyer will help those who have developed a malignant tumor while working at or around trains recover compensation for damages such as:
- Earnings lost due to time away from work
- Bills from the doctor and the hospital
- Future medical needs
- Assisting caregivers
- Suffering from emotional anguish
- Pain and suffering
- The loss of enjoyment from favorite activities
Based on legal precedent and the particular circumstances of a given case, a cancer attorney could determine the value of each factor.
What Is The Common Cause Of Esophageal Cancer In The Railroad Industry?
Many years ago, railroad workers were exposed to carcinogens that can cause cancer today. The railroad industry uses asbestos, diesel fumes, solvents, and other substances that can cause esophageal cancer in workers who are exposed to these substances frequently. Almost all employees in an industry where diesel engines are frequently used face the threat of diesel fumes. However, railroads did not usually take precautions to limit bodily exposure, even though they could have.
Years ago, asbestos was used to insulate pipes on trains and in buildings where employees worked. There is an increased risk of esophageal cancer for shop workers who work with certain solvents. Using expert witnesses, a railroad injury lawyer could demonstrate how an employer exposed workers to hazardous substances and how that negligence caused the illness.
The attorney may be able to obtain compensation for an esophageal cancer victim, even if the worker smoked cigarettes and had other risk factors.
Work With an Experienced Railroad Esophageal Cancer Attorney
The railroad industry has a limited period of time in which an employee suffering from esophageal cancer can file a claim for compensation under the FELA. As a matter of law, a worker must file a suit within three years of being diagnosed with cancer AND knowing or should have known that the cancer was related to the railroad work. It is possible to determine when that three year period begins only with the help of an experienced railroad cancer injury attorney.
In most cases, railroad esophageal cancer lawyers could begin collecting evidence right away to help establish a claim under FELA for compensation. Contact us today.
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How Are Railroad Employees Exposed To Lead?
Various aspects of railroad work can expose railroad workers to lead. For example, lead paint, which is now outlawed, is still present on many railroad bridges, structures, and other equipment. When welding metal locomotive or train car parts, welders may also encounter poisonous lead.
Disturbing or removing lead paint can cause lead particles to become airborne and rub off on workers’ hands. As a result, workers can breathe in and ingest lead, as well as transfer lead dust from their hands to their mouths through smoke, eating, and drinking. Lead particles that are small are easier for workers to absorb into their lungs and bloodstream.
Train workers can bring lead dust home on their hands, equipment, and clothes, which puts their families at risk. Workers who don’t shower and remove all clothing and tools before going home put children and pregnant women at risk. So, it’s imperative that you take necessary precautions to keep others from getting lead poisoning.
How Does Lead Exposure Affect Our Health?
Short-term exposure to railroad lead can lead to flu-like symptoms, including stomach cramps, fatigue, headaches, and muscle or joint pain. By identifying and eliminating lead exposure, workers may be able to reverse these effects.
Constant exposure can lead to nerve damage, brain damage, kidney damage, high blood pressure, and even congenital disabilities and reproductive problems.
Workers who suffer from prolonged lead exposure may be entitled to compensation from their employers. Depending on the situation, injured workers may have a valid claim if their employers exposed them to lead unnecessarily. Injury victims can seek damages from their employers with the help of a railroad lead poisoning attorney.
Railroad workers’ FELA and negligence claims
For railroad workers, the Federal Employers’ Liability Act (FELA) is the exclusive remedy for on-the-job injuries and illnesses. State workers’ compensation benefits are not available to them; instead, they must file FELA claims. Injury victims must prove negligent conduct on the part of their employers to claim benefits, unlike with the no-fault worker’s compensation system.
The employers of railroad workers could be held responsible for exposing them to lead in a number of ways using various methods. Here are some examples:
- Failure to provide workers with adequate safety gear to prevent exposure
- Exposing workers without adequate ventilation to lead point in confined spaces
- Not establishing and implementing safety protocols to minimize lead exposure
In the event of a finding of negligence, workers may be entitled to compensation for their injuries or illnesses. Whether or not they are able to work, the damages may provide them with much-needed medical care and income.
Contact a Railroad Lead Exposure Attorney Today
The best course of action if you believe you were exposed to lead while working for a railroad is to seek medical attention for a physical examination and blood tests. A railroad lead exposure lawyer may be able to evaluate your claim once your doctor confirms the presence of lead. To make the process go more smoothly, prompt action can be taken to get a medical diagnosis and initiate a claim for damages under FELA.
An injury or illness caused by work is devastating. Defending your rights to benefits may enable you to improve the financial position of your family. To learn more about your legal rights and options, please contact us now.
If you or a member of your family has been injured or diagnosed with a railroad related disease, Please contact one of the members of our team if you have any questions. Call (855) 205-9689 or fill out or short contact form.