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Railroad Settlements and Colon Cancer
Railroad workers have a higher risk of developing certain cancers due to exposure to toxic chemicals. They are exposed to diesel exhaust as well as other workplace toxins such as silica sand, solvents asbestos and creosote.
Hughes Law Offices have won large verdicts and settlements for these cases. We've put together a few examples below.
FELA Lawsuits
Whatever position they held at the railway, employees who suffer from cancer linked to their work can file a claim for compensation under the Federal Employers Liability Act (FELA). This law was enacted more than a century ago and has been instrumental in helping make railroad companies accountable for injuries to their employees.
The law permits railroad workers injured by injuries to recover damages for medical expenses, lost wages, and suffering. The pain and suffering monetary awards are indefinite. A FELA attorney will interview the client and their family members to get an understanding of the impact cancer has affected their lives. Consultation with oncologists and chemotherapy technicians would also be beneficial.
A FELA claim can be filed in either a state or federal court. Federal substantive law governs FELA claims, however federal courts can apply common tort law principles to cases filed under FELA.
The biggest challenge for the plaintiff in a FELA lawsuit is establishing the extent of liability. Railway corporations frequently rely on the defense of comparative negligence to shift some or all liability off them. Former railroad employees can overcome these problems with the help of an experienced attorney.
Medical Expenses
A diagnosis of cancer for a railroad worker can cause a number of financial challenges. Cancer treatment can also mean absence from work, which can result in loss of wages as well as higher costs for caregivers. Medical costs and other expenses can cause a massive debt. In order to pay for these expenses, workers can seek compensation through settlements under the Federal Employers Liability Act.
FELA lawsuits may provide compensation for medical expenses, past and future, as well as tangible consequences such as suffering and pain. A FELA lawyer with experience can help a client determine the fair compensation for their injuries. A settlement should cover all past and future medical expenses as well as pay for any loss of income incurred by their illness.
Railroad workers are exposed numerous toxic substances in their jobs. Diesel exhaust and asbestos have both been linked with colon cancer. Non-Hodgkin's lymphoma lawsuit settlement to solvents, metal-working fluids pesticides and other chemicals may increase the risk of developing cancer. A lawyer from the railroad industry might be able to prove a link between exposure to chemicals on the job and their health.
While every case is not the same, a review of the past FELA verdicts and settlements can provide a good idea of the amount that could be paid for a railroad cancer claim. The lawyers at Hughes Law Offices may review a settlement offer in order to determine if it can adequately meet the needs of a client.
Suffering and Pain
Legally pain and suffering refers to the physical and mental trauma resulting from an injury or medical incident. A jury may award a victim for their pain and suffering, and this can be a crucial element of a lawsuit filed under the Federal Employers Liability Act. A skilled lawyer can help determine the right amount for damages specific to your situation.
Often, employers offer to settle a claim of an injured employee prior to bringing the case to trial or even while the trial is still in progress. However, it is wise to review any settlement offers carefully before accepting the offer. A railroad cancer attorney could review a settlement offer to determine if the offer is suitable and fair in the circumstances. They could also compare an offer to legal precedents to determine whether it's worth accepting the offer or taking the case to court.
Loss of Earnings
A railroad worker could be eligible for compensation for lost earnings. The amount given will not be able to replace the time that a worker is unable to work due to this disease or recover the health they have lost, but it may help to provide financial stability to a family during this difficult period. An attorney for railroad injuries could help gather documentation to prove the victim's financial loss, including pay stubs, tax returns.
The exposure to dangerous chemicals such as asbestos and diesel exhaust puts railroad workers at a high chance of developing illnesses such as colon cancer. Hughes Law Offices lawyers will look at all possible exposure sources when seeking damages on behalf of the client.
Colorectal cancer is diagnosed using blood tests, stool tests, and biopsies from suspicious areas in the rectum or colon. Surgery, chemotherapy and radiation are the options for treatment. A person suffering from colon cancer resulting from working on the railway might be able to obtain substantial compensation to cover future medical bills including loss of earnings as well as pain and suffering, and other damages.
FELA provides a three year statute of limitations to file the railroad company for on-the-job injuries or illnesses. A railroad injury lawyer can help evaluate a settlement offer and determine whether it's fair.
Read More: https://www.dawnosborne.uk/10-misleading-answers-to-common-railroad-settlement-cll-questions-do-you-know-the-right-answers/
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