FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad lawsuit settlements workers to claim compensation for illnesses or injuries resulting from their job. A knowledgeable FELA cancer attorney could help you pursue damages for both economic as well as non-economic losses.
Under FELA the law, you must file your claim within three years of learning about your diagnosis and knowing your illness was connected to your railroad work. An attorney can help you in determining the time when this period starts to begin.
How Do Railroad Workers File Cancer Claims?
Railroad workers who have been diagnosed with cancers that could be due to their exposure to work may be able to claim compensation. This is typically done through what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages, which can include medical expenses, lost wages, and other costs.
When it comes to a lawsuit involving railroad cancer, it’s important to remember that some cancers can go unnoticed for decades or years. Some patients may be unable to link their diagnosis to their railroad controls limited lawsuit work. It is crucial to contact an FELA lawyer who has experience as soon as you receive a cancer diagnosis.
A FELA attorney with experience can assess the situation and determine whether the worker has a legal case to bring a FELA suit. In the majority of cases, an employee must bring a suit within three years of being diagnosed with cancer and having reason to believe that the cancer was caused by their work in the railroad industry.
At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who passed away from stomach cancer that had developed into his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing materials while working for CSX and that the railroad did not employ the appropriate safety measures to protect him from harm.
What are the common causes of Esophageal Cancer in the Railroad Industry?
Since railroads were a major mode of transportation for passengers before aircrafts became popular, those working on trains were often in contact with a wide range of chemicals that could cause cancer. When they were building railroads, maintaining or operating trains, or railroad cancer lawsuit working in a shop, many railroad workers were exposed dangerous carcinogens on a regular basis. They were exposed to asbestos, diesel fumes, and solvents.
Studies have revealed that people who work on railroads may be more likely to develop a range of different kinds of cancer than those who work in other professions. In this regard, an experienced railroad cancer lawyer can assist an ex-railroad worker prove that his or her cancer was the result of a exposure to toxic substances in the workplace and chemical substances.
In cases involving cancers that affect the upper two-thirds esophagus, the most frequent histologic kind of tumor railroad cancer lawsuit is squamous cell carcinoma. Adenocarcinoma is more common in the lower third. Other risk factors caused by exposure to chemicals or toxins at work include smoking or consuming alcohol, as well as reflux and achalasia.
A widow claimed CSX union pacific railroad lawsuit exposed their husband to toxic substances during his work that led to the death of his stomach cancer. The Court did, however, grant the Defendant’s Motion for Summary Judgment. All claims were dismissed.
How do Railroad Workers File a Claim for Compensation Under FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer from injuries or illness due to working conditions. The FELA allows workers to seek compensation for injuries sustained in traumatic accidents and aggravations to pre-existing conditions and occupational diseases like cancer. A lawyer who is a railroad esophageal tumor can review your case and explain the law’s relevance to your specific situation.
Railroad cases must be filed with a federal court. This is different from a standard workplace injury lawsuit filed with state workers’ compensation courts or state industrial court. This is due to the fact that FELA is a federal law, and it sets the stage for all land-based worker’s compensation laws and maritime law in the United States.
You have a limited time to make a FELA suit. A suit must be brought within three years from the time you were diagnosed with your illness and you should have realized that it was related to work. A lawyer with experience in FELA can assist you in determining the date of the three-year period.
In a recent instance, an 62-year old railroad worker was awarded damages of $500 for pain and suffering related to his esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes and asbestos which he was aware of at the time of diagnosis was the reason for his cancer.
How much could I be awarded in damages from an esophageal cancer involving the railroad?
Railroad employees suffering from esophageal cancer due to their jobs may be entitled to compensation for medical expenses or loss of earnings as well as pain and suffering. These are known as economic damages, and are awarded in a railroad cancer lawsuit. Non-economic damages, like emotional distress, are also offered in a variety of cases.
Expert witnesses can be used by railroad injury lawyers to establish the connection between the negligence of an employer and esophageal, or other illnesses. An employee who was employed at an establishment for train repair could have been exposed to solvents such as paint and degreasing substances that can lead to Esophageal cancer. In some cases, a veteran’s military service at Camp Lejeune may have predisposed to develop esophageal tumors.
In one instance our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds found in drinking water at Camp Lejeune that led to veterans’ esophageal cancer. There are other factors that determine the amount a plaintiff can be awarded in their railroad accident case, such as the long they stayed at Camp Lejeune, and how severe their cancer is. We will maximize your payout at Sokolove Law and ensure that you get the compensation you deserve. Contact us for more information about the case.