FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries caused by their work environments. A knowledgeable FELA cancer lawyer can assist you seek damages for economic and non-economic losses.
You must file a claim for compensation under FELA within three years from the time you discover that you have a diagnosis and realize that your medical condition is related to your employment at a railroad. An attorney can assist you determine the date at which this timeframe begins to begin.
How do railroad workers file cancer claims?
Railroad workers who have been diagnosed with cancers that could be caused by their exposure to work may be in a position to claim compensation. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law permits employees who have been injured on the job to sue their employers for damages that pay for medical expenses as well as lost wages and other expenses.
When it is time to file a lawsuit against railroad cancer, it is crucial to be aware that some cancers are not spotted for years or even decades. This makes it difficult for some patients to link their diagnosis to their involvement in the railroad. This is why it's so important to contact an experienced FELA lawyer as soon as you can after an announcement of cancer.
A FELA attorney with years of experience can assess the situation and determine whether the worker has a legal case to make a FELA suit. In most cases, a worker must file a lawsuit within three years after being diagnosed with cancer. They must also be aware or have evidence that their railroad work has caused the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death her husband Marvin Frieson. He died of stomach cancer that was spreading to his colon and esophagus. The widow claimed that her late husband was exposed to asbestos-containing material while working for CSX and that the railroad failed to use the proper safety precautions to protect him from harm.
What are the common causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the main form of transportation for passengers before airplanes became widely used, those working on trains came into contact with a myriad of chemicals that could cause cancer. It didn't matter if they were building railways, operating trains, or working in a workshop, many railroad workers were exposed carcinogens that were dangerous on a regular basis. railroad lawsuits include asbestos, diesel fumes, and solvents.
People who work in railroad industry are more susceptible to cancer than people who work in other occupations. A lawyer for railroad-related cancer can help a former rail worker establish that their cancer was caused by their work exposure to toxic chemicals and chemicals.
In cases where cancers affect the upper two-thirds of the esophagus. The most prevalent histologic kind of tumor is squamous cells carcinoma. Adenocarcinoma tends to be more prevalent in the lower one-third. Other risk factors that are caused by exposure to chemicals or toxins at work include smoking, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances in his job and that this caused his death from stomach cancer. However, the Court granted the Defendant's Motion for Summary Judgment and dismissed all claims.
How do railroad employees make a claim for compensation under the 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 when they suffer injuries that cause trauma, or worsen pre-existing conditions, or occupational diseases such as cancer. A lawyer for railroad esophageal cancer can evaluate your case and explain the law's relevance to your specific situation.
Railroad cases must be filed in federal court. This is different from a standard workplace injury lawsuit filed with state workers' compensation courts or the state industrial court. The reason is because FELA which is a federal law which sets the standard for all laws governing worker's compensation on maritime and land law in the United States, is the basis for the railroad cases.
It is important to remember that you have a limited amount of time to make a FELA lawsuit. You must start a lawsuit within three years of the date you were diagnosed and have known it was a workplace-related illness. A lawyer who has experience in FELA can assist you in determining the beginning of that three-year period.
In a recent case, a 62-year-old railroad employee was awarded damages of $500 for suffering and pain due to esophageal cancer. The plaintiff claimed that his exposure to diesel fumes and asbestos that he was aware of at the time of diagnosis was the cause of his cancer.
How Much Damages can I Recover in a Train Esophageal Cancer Case?
Railroad workers who contract cancer of the esophagus due to their job may be entitled compensation for medical expenses, lost earnings and suffering. These are called economic damages, and they may be awarded in a lawsuit for railroad cancer. Non-economic damages, such as emotional distress, are also accessible in many instances.
Expert witnesses may be utilized by railroad injury lawyers to establish the link between negligence on the part of an employer and esophageal, or other illnesses. For example a former employee at an repair shop for trains could have been exposed to solvents, such as paint and degreasing chemicals that have a high risk of causing cancer of the esophageal tract. In certain instances there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one case, our client was awarded $6.1 Billion as part of a class-action settlement for the exposure to volatile organic compounds in the drinking water in Camp Lejeune which led to people suffering from esophageal cancer. There are a variety of other factors that affect the amount that a plaintiff will receive in their railroad injury case, such as the they stayed at Camp Lejeune, and how they are suffering from the cancer. We will maximize your compensation at Sokolove Law and ensure that you get the justice you deserve. Contact us to learn more about the case.