FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses caused by their work environments. An experienced FELA lawyer can help you pursue damages for both economic and non-economic losses.
Under FELA the law, you must file your claim within three years of learning about your diagnosis and knowing that your condition was due to your railroad work. An attorney can assist you in determining when the claim period starts to begin.
How Do Railroad Workers Claim Cancer Claims?
Workers diagnosed with cancer, which could be caused by their work environment, may be eligible to file claims. This is typically done by filing an FELA claim (Federal Employers Liability Act). The law allows employees who have been injured while working to claim damages against their employers that pay for medical expenses or lost wages as well as other expenses.
When it comes to a lawsuit involving railroad cancer, it is important to remember that some cancers may go unnoticed for years or even decades. This makes it challenging for some patients to link their diagnosis with their involvement in the railroad. This is why it is essential to consult an experienced FELA lawyer as soon as possible after an announcement of cancer.
A FELA attorney who has experience will be able to assess the situation and determine whether workers are eligible to file a FELA suit. In most cases, a person filing a lawsuit must do so within three years after being diagnosed with cancer. railroad lawsuit settlements must also know or have reason to believe that their work in the railroad industry contributed to the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death her husband Marvin Frieson. He died of stomach cancer that was spreading to his colon and esophagus. The widow claimed that her husband was exposed to asbestos-containing materials while working for CSX and that the railroad failed to make the necessary safety precautions to safeguard him.
What are the common causes of cancer of the esophagus in the railroad industry?
Since railroads were a major form of passenger transportation before airplanes became popular, workers on trains often came in contact with a range of chemicals that could cause cancer. Railroad workers were frequently exposed to carcinogens as they were working on the railways, running or maintaining them, or working in shops. They were exposed to asbestos, diesel fumes and solvents.
Studies have shown that people working on railroads could be more susceptible to developing a variety of different kinds of cancer than people who work in other fields. For this reason, a skilled railroad cancer lawyer could help a former railroad worker prove that his or her cancer was the result of a work-related exposure to toxic chemicals and chemical substances.
In cases involving cancers that affect the upper two-thirds esophagus. The most common histologic type of tumor is squamous cell carcinoma. The lower third of the esophagus can be more often affected by cancer called adenocarcinoma. Other risks for esophageal tumors that result from work-related exposures to toxins and chemicals include smoking, reflux and achalasia.
A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances during his job. She claimed that this resulted in his death from stomach cancer. However, the Court granted Defendant's Motion 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 for injuries and illnesses that arise due to their work environment. The FELA allows workers to claim compensation for traumatic injuries or aggravations of pre-existing ailments and occupational diseases like cancer. An experienced railroad esophageal esophagus cancer lawyer can evaluate your case and explain how the law applies to your particular situation.
Railroad cases must be filed before federal court. This is different from a standard workplace accident lawsuit filed with state workers' compensation courts or the state industrial court. This is because FELA is a federal law, and it sets the stage for all other land-based worker's insurance laws and maritime law in the United States.
You have a short time to submit a FELA suit. You must make a claim within three years from the date that you were diagnosed and have known it was a workplace-related illness. A lawyer with experience in FELA can help you determine the beginning of that three-year period.
In a recent instance, a railroad worker aged 62 was awarded $500 in damages for suffering and pain due to esophageal cancer. The plaintiff claimed that his exposure to diesel fumes as well as asbestos and asbestos - both of which he was aware of at the time of his diagnosis - led to his cancer.
How much can I receive in damages for an esophageal cancer involving the railroad?
Railroad workers who suffer from esophageal carcinoma caused by their job may be entitled to compensation for their medical expenses, loss of earnings, as well as pain and suffering. In a railroad cancer case they are referred to as economic damages. Non-economic damages, for instance emotional distress, are offered in a variety of cases.
Railroad injury attorneys may use experts to establish a link between an employer's negligence and the worker's esophageal tumor or other diseases. A former employee of an establishment for train repair could have been exposed by solvents such as paint and degreasing substances that can lead to esophageal carcinoma. In some cases the military service of a veteran at Camp Lejeune may have predisposed to develop esophageal carcinoma.
In one case our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the exposure to volatile organic compounds in the drinking water in Camp Lejeune which led to the development of esophageal carcinoma in some veterans. But there are many other factors that can affect the amount of money a plaintiff gets in their railroad injury claim such as the amount of time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your compensation with Sokolove Law and ensure that you receive the justice you deserve. Contact us to learn more about the case.