FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries that result from their work environment. An experienced FELA cancer lawyer can assist you pursue damages for both economic and non-economic losses.
You must submit a claim under FELA within three years after the time you find out about your diagnosis and know that your condition is related to your work at the railroad. An attorney can assist you determine when the time for filing a claim begins to run.
How railroad workers file claims for cancer?
People who have been diagnosed with cancer, which could be due to their work-related exposure could be able to file claims. This is usually done through what is called a FELA (Federal Employers Liability Act) claim. The law permits those who have been injured on the job to sue their employers for damages that cover medical costs loss of wages, medical expenses and other expenses.
One of the main considerations when it is about a railroad cancer lawsuit is that the symptoms of certain cancers could remain undiscovered for years, or even decades. This makes it challenging for some patients to link their diagnosis to their work on the railroad. It is important to contact a FELA lawyer who has experience as soon as you are diagnosed with cancer.
A seasoned FELA attorney will be able to assess the situation and help workers determine whether they have an opportunity to bring a FELA lawsuit. In most cases, an employee must present a suit within three years after being diagnosed with cancer and knowing or having the reason to believe that the cancer was caused by their railroad work.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death her husband Marvin Frieson. He died from stomach cancer, which had spread to his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing materials while working for CSX, and that the railroad was unable to take adequate precautions to safeguard him from getting injured.
What are the main causes of esophageal cancer in the railroad industry?
Because railroads were a crucial mode of transportation for passengers before airplanes became popular, workers on trains were often in contact with a myriad of chemicals that could cause cancer. Numerous railroad workers were exposed to carcinogens when they were working on the railways, running or maintaining them, or in shops. This includes asbestos, diesel fumes, and solvents.
Research has proven that those who work in railroads could be more likely to develop a variety of different kinds of cancer than those who work in other professions. Because of this, a skilled railroad cancer lawyer could assist an ex-railroad worker prove that their cancer was caused by exposure to toxic substances in the workplace and chemical substances.
Squamous cell cancer is the most prevalent kind of tumor that occurs in cases of cancers that affect the upper two-thirds of the esophagus. Adenocarcinoma is more prevalent in the lower one-third. Other risk factors 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 range of toxic substances at his job. She claimed that this caused his death due to stomach cancer. However the Court granted 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 for illnesses and injuries that occur due to their work environment. The FELA allows workers to claim compensation when they suffer traumatic injuries, or worsen pre-existing conditions, or occupational diseases such as cancer. railroad workers cancer lawsuit for railroad esophageal cancer will review your case and explain the law's application to your particular situation.
Unlike a standard workplace injury lawsuit that is filed in state workers compensation or state industrial court, railroad cases have to be filed in federal court. This is due to the fact that FELA is a federal statute that sets the tone for all other land-based worker's insurance laws and maritime law in the United States.
You have a time limit to make a FELA suit. You must file a lawsuit within three years from the date you were diagnosed and have known that it was a work-related health issue. A lawyer who has experience in FELA can assist you in determining the beginning of that three-year period.
In a recent case, a railroad worker aged 62 was awarded $500 in damages for suffering and pain due to his esophageal cancer. The plaintiff claimed exposure to diesel fumes as well as asbestos - both of which he was aware of at the time of his diagnosis - triggered his cancer.
How much can I receive in damages for an esophageal carcinoma case on the railroad?
Railroad employees who suffer from esophageal tumors caused by their work can be entitled to compensation for their medical expenses, loss of earnings, as well as suffering and pain. In the case of a railroad cancer this is known as economic damages. Non-economic damages, such as emotional distress, are available in a number of cases.
Railroad injury attorneys can use experts to establish a link between the negligence of an employer and the worker's esophageal cancer or other disease. For instance a former employee at a train repair shop might have been exposed to solvents, such as paint and degreasing chemicals, which may be a risk to Esophageal cancer. In certain cases the military experience of a veteran at Camp Lejeune may have predisposed them to developing esophageal cancer.
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 drinking water at Camp Lejeune that led to the development of esophageal cancer in veterans. But there are many other factors that can influence the amount a plaintiff receives in their railroad accident claim, such as the amount of time they spent at Camp Lejeune and how severe their esophageal cancer. We will maximize your compensation with Sokolove Law and ensure that you get the compensation you deserve. Contact us today to find out more about your case.