FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries resulting from their work environment. A skilled FELA cancer lawyer can help you seek damages for economic and non-economic damages.
You must file a claim for compensation under FELA within three years after you learn about your diagnosis and you are aware that the illness is linked to your employment at a railroad. An attorney can assist you in determining when this timeframe begins to begin.
How do railroad workers file claims for cancer?
Railroad workers who have been diagnosed with cancer that could be due to their exposure to their work might be qualified to claim compensation. This is usually done via what is known as a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employer for damages, which can include medical costs as well as lost wages and other expenses.
When it is time to file a suit for railroad cancer, it is important to be aware that certain cancers might go unnoticed many years or even decades. Some patients may find it difficult to link their diagnosis with their work on the railroad. It is important to contact a FELA lawyer who has experience as soon as you get a cancer diagnosis.
A seasoned FELA attorney will be able to assess the situation and assist people determine if they have an opportunity to bring an FELA lawsuit. In most cases, workers must bring a suit within three years of being diagnosed with cancer and having reason to believe that the cancer was caused by their railroad work.
At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who died of stomach cancer that had spread to his esophagus and colon. The widow alleged that her husband's death was caused by being exposed to asbestos-containing products when working for CSX and that the railroad did not take proper safety precautions to protect him from harm.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the main mode of transport for passengers before airplanes became well-known, railroad workers came into contact with a myriad of substances that can cause cancer. Many railroad workers were regularly exposed to carcinogens while they were working on railways, running or maintaining them, or in their shops. This includes diesel fumes asbestos and solvents.
People who work in railroad industry are more likely to develop cancer than people working in other professions. This is why a knowledgeable railroad cancer injury lawyer can assist an ex-railroad worker prove that his or her cancer was caused by a work-related exposure to toxic chemicals and chemical substances.
Squamous cell cancer is the most frequent type of tumor in cases of cancers that affect the upper two thirds of the esophagus. Adenocarcinoma is more prevalent in the lower third. union pacific railroad lawsuit that are caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a number of toxic substances during his job and that this caused his death from stomach cancer. However, the Court denied the motion of the Defendant for Summary Judgment and dismissed all claims.
How Do Railroad Workers File a Claim for Compensation under FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers over illnesses and injuries that occur due to their work environment. The FELA allows workers to claim compensation when they suffer from injuries that are severe that aggravate existing conditions or occupational illnesses such as cancer. A lawyer from the railroad esophageal carcinoma can evaluate your case and explain the law's relevance to your particular situation.
As opposed to a standard workplace injury lawsuit that is filed in state workers compensation or state industrial court, railroad cases require filing in federal court. This is because FELA is a federal law, and it establishes the legal framework for all worker's compensation laws based on land. laws and maritime law in the United States.
You have a limited time to submit a FELA suit. You must make a claim within three years of the date that you were diagnosed and have known that it was a health issue that was caused by work. An experienced lawyer in FELA will help you determine the start of that three-year period.
In a recent case a 62 year old railroad worker was awarded damages of $500 for pain and suffering that was related to his esophageal tumor. The plaintiff claimed his exposure to diesel fumes and asbestos that he was aware of at the time of his diagnosis - was the reason he developed cancer.
What amount can I expect in damages for a railroad esophageal cancer case?
Railroad workers who suffer from esophageal cancer caused by their work can be entitled to compensation for medical expenses and loss of earnings and suffering. These are known as economic damages, and can be awarded in a railroad cancer lawsuit. In many cases other damages, such as emotional distress are also possible.
Expert witnesses may be utilized by railroad injury attorneys to establish the connection between the negligence of an employer and esophageal diseases. A former employee of an establishment for train repair could have been exposed to solvents such as paint and degreasing agents that can cause cancer of the esophageal tract. In certain instances military service at Camp Lejeune could have predisposed to develop esophageal carcinoma.
In one case that we handled, our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds in the drinking water at Camp Lejeune that led to the development of esophageal cancer among veterans. There are a variety of other factors that impact the amount a plaintiff will receive in their railroad injury case, such as how long they stayed at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will strive to maximize your compensation and help you get the justice you deserve. Contact us today to learn more about your case.