FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for illnesses and injuries caused by their workplaces. A knowledgeable FELA cancer lawyer can assist you pursue damages for both economic and non-economic losses.
Under Bladder cancer lawsuit must file your claim within three years of learning about your condition and knowing your condition was due to your railroad work. An attorney can help determine when the time for filing a claim begins to begin.
How railroad workers file claims for cancer?
Railroad workers diagnosed with cancer that may be related to their exposure to work may be in a position to claim compensation. This is often done through what is known as 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 pay for medical expenses loss of wages, medical expenses and other expenses.
When it is time to file a suit for railroad cancer, it is important to be aware that certain cancers are not spotted for many years or even decades. This makes it challenging for some patients to link their diagnosis to their involvement in the railroad. This is why it is vital to contact an experienced FELA lawyer immediately after an announcement of cancer.
A seasoned FELA attorney can evaluate the situation and assist workers determine if they have an opportunity to bring a FELA lawsuit. In the majority of cases, the person filing a lawsuit must do so within three years of being diagnosed with cancer. They must also know or have a reason to believe that their work on the railroad caused the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death her husband Marvin Frieson. He died from stomach cancer, which was spreading to his colon and esophagus. The widow claimed that her husband had been exposed asbestos-containing material while working for CSX and that the railroad was unable to take adequate precautions to safeguard his injuries.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Since railroads were the primary mode of transport for passengers before airplanes became widely used, those working on trains were exposed to a variety of chemicals that can cause cancer. A lot of railroad workers were exposed to carcinogens during their time worked on the railroads, maintaining or operating them, or working in shops. This includes asbestos, diesel fumes and solvents.
Research has shown that those working on railroads could be more likely to develop a variety of different types of cancer than people who work in other professions. This is why a knowledgeable railroad cancer injury lawyer could help a former railroad worker prove that the cancer was the result of a work-related exposure to toxic chemicals and chemical substances.
Squamous cell cancer is the most commonly encountered type of cancer when it comes to cancers that affect the upper two thirds of the esophagus. Adenocarcinoma is more prevalent in the lower third. Other risk factors that are caused by exposure to toxins or chemicals at work include smoking or consuming alcohol, as well as reflux and achalasia.
cancer lawsuit claimed that CSX Railroad exposed her husband to a variety of toxic substances at his job and that this led to 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 allows railroad workers to sue their employers if they suffer from illness or injuries from working conditions. The FELA allows workers to claim compensation when they suffer injuries that cause trauma, aggravate pre-existing conditions or occupational diseases such as cancer. An experienced railroad esophageal esophagus cancer lawyer can evaluate your case and explain how the law applies to your situation.
Unlike a standard workplace injury lawsuit that is filed in state workers compensation or a state industrial court railroad cases require filing in federal court. The reason is because FELA which is a federal law that sets the standard for all worker's compensation laws on land and maritime law throughout the United States, is the basis of the railroad cases.
It is important to remember that you only have a certain amount of time to bring a FELA lawsuit. You must make a claim within three years of the date you were diagnosed and have known it was a work-related health issue. An attorney who has expertise in FELA can help you determine when that three-year period starts to run.
In Bladder cancer lawsuit , a 62 year old railroad employee was awarded damages of $500 for pain and suffering due to his esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes and asbestos that he was aware of at the time of diagnosis was the reason he developed cancer.
What Damages Can I Receive in a Railroad Esophageal Cancer Case?
Railroad workers who develop Esophageal cancer as a result of their job may be entitled compensation for medical expenses, lost earnings, and pain. These are called economic damages, and they are awarded in a lawsuit against railroads for cancer. Non-economic damages, like emotional distress, are available in a number of cases.
Expert witnesses can be utilized by railroad injury attorneys to establish the connection between the negligence of an employer and esophageal or other illnesses. For example a former employee at a train repair shop might have been exposed to solvents, such as paint and degreasing chemicals that pose a risk for cancer of the esophageal tract. In some cases military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.
In one case our client was awarded $6.1 Billion as part of a settlement in a class action for exposure to volatile organic compounds in the drinking water in Camp Lejeune which led to veterans developing esophageal carcinoma. There are many other factors that could affect the amount the plaintiff is awarded in their railroad injury claim, for example, how long they spent at Camp Lejeune and how severe their esophageal cancer. We will maximize your compensation at Sokolove Law and ensure that you receive the justice you deserve. Contact us today to learn more about the case.