FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for illnesses and injuries caused by their work environments. A FELA lawyer for cancer can help you obtain damages for both economic losses as well as non-economic ones.
Under FELA You must make a claim within three years of finding out about your condition and knowing your condition was due to your railroad work. A lawyer can assist you in determining the time when this period begins to begin.
How Do Railroad Workers File Cancer Claims?
People who have been diagnosed with cancer, which could be linked to their exposure at work might be able to make claims. This is usually 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 claim damages against their employers which cover medical costs loss of wages, medical expenses and other expenses.
When it comes to a lawsuit for railroad cancer, it is crucial to be aware that some cancers are not spotted for many years or even decades. Some patients may have difficulty to link their diagnosis with their work on the railroad. This is why it's vital to contact an experienced FELA lawyer immediately after a cancer diagnosis.
A FELA attorney who has experience will be able to evaluate the situation and determine whether a worker is eligible to submit a FELA suit. In the majority of cases, an employee must file a lawsuit within three years of being diagnosed with cancer and having reason to know that the cancer was caused by their railroad work.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death her husband Marvin Frieson. He died from stomach cancer that was spreading to his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing substances while working for CSX and that the railroad failed to employ the appropriate safety measures to protect him.
What are the common causes of Esophageal Cancer in the Railroad Industry?
As railroads were the primary method of transporting passengers prior to when airplanes became popular, workers on trains frequently came into contact with a variety of chemicals that could cause cancer. If they were building railways, operating or maintaining trains, or working in a workshop, many railroad workers were exposed to carcinogens that could cause cancer on a regular basis. This includes diesel fumes, solvents and asbestos.
Research has shown that those who work on railroads may be more susceptible to developing a variety of different kinds of cancer than those working in other occupations. This is why a skilled railroad cancer lawyer could help an ex-railroad worker prove that the cancer was caused by exposure to toxic substances in the workplace and chemical substances.
Squamous cell cancer is the most common type of tumor in cases of cancers that affect the upper two thirds of the esophagus. Adenocarcinoma is more common in the lower third. Other risks for esophageal tumors that result from work-related exposure to chemicals and toxins 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 from stomach cancer. The Court did, however, grant the defendant's Motion for Summary Judgment. All claims were dismissed.
How do railroad employees submit a claim for compensation under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers over illnesses and injuries that occur due to working conditions. blacklands railroad lawsuit enables workers to claim compensation for injuries sustained in traumatic accidents and aggravations to pre-existing conditions and occupational diseases such as cancer. An experienced railroad esophageal esophagus cancer lawyer could review your case and explain how the law will apply to your particular situation.
As opposed to a standard workplace injury lawsuit that is filed in state workers compensation or state industrial court, railroad cases must be filed in federal court. This is due to the fact that FELA is a federal statute that sets the foundation for all other land-based worker's insurance laws and maritime law in the United States.
There is a limit on the time to file a FELA suit. A suit must be brought within three years from the date you were diagnosed with the illness and must have been aware that it was a work-related issue. An experienced lawyer in FELA can help you determine the time frame for that three-year period.
In a recent case, a 62-year-old railroad employee was awarded damages of $500 for pain and suffering related to his esophageal tumor. The plaintiff claimed exposure to diesel fumes and asbestos - both of which he knew of prior to the diagnosis - caused the cancer.
What amount can I expect in damages from a railroad esophageal cancer case?
Railroad employees who suffer from esophageal tumors caused by their jobs may be entitled to compensation for medical expenses, loss of earnings, and suffering and pain. These are referred to as economic damages and may be awarded in a lawsuit against railroads for cancer. In many cases other damages, such as emotional distress can also be awarded.
Railroad injury lawyers could employ expert witnesses to establish a connection between an employer's negligence and the worker's esophageal cancer or other disease. An employee who was employed at an repair facility for trains could have been exposed by solvents such as paint or degreasing agents that can cause Esophageal cancer. In some cases military service at Camp Lejeune could have predisposed 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 compound in the drinking water at Camp Lejeune which led to patients developing esophageal cancer. However, there are numerous other factors that affect the amount the plaintiff is awarded in their railroad accident claim, including how much time they spent at Camp Lejeune and how severe their esophageal cancer. We will maximize your settlement at Sokolove Law and ensure that you get the justice that you deserve. Contact us today for more about your case.