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 assist you in obtaining damages for both economic losses and non-economic ones.
You must make a claim under FELA within three years from the time you discover that you have a diagnosis and realize that your illness is linked to your railroad employment. A lawyer can assist you in determining when the claim period begins to begin.
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 make a claim. This is often done through what is called a FELA (Federal Employers Liability Act) claim. The law permits employees who are injured on the job to sue their employers for damages which cover medical costs, lost wages and other costs.
One important consideration when it concerns a railroad-related cancer lawsuit is that symptoms of some cancers can be buried for years, even decades. Some patients may have difficulty to link their diagnosis to their railroad work. It is essential to contact an FELA lawyer experienced in the event that you receive a cancer diagnosis.
An experienced FELA attorney can evaluate the situation and assist workers determine if they are in an opportunity to bring an FELA lawsuit. In the majority of cases, an employee must bring a suit within three years of being diagnosed with cancer and having a reason to believe that the cancer was caused by their work in the railroad industry.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over 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 to asbestos-containing material while working for CSX and that the railroad failed to take the proper safety precautions to protect him from being injured.
What are the most frequent causes of esophageal cancer within the railroad industry?
Because railroads were the principal mode of transport for passengers prior to airplanes becoming popularized, workers on trains were exposed to a variety of substances that can cause cancer. Many railroad workers were regularly exposed to carcinogens when they were working on the railways, operating or maintaining them, or in their shops. This includes asbestos, diesel fumes, and solvents.
Workers in the railroad industry are more susceptible to cancer than people who work in other occupations. An attorney for railroad injuries can assist a former rail worker establish that their cancer was caused by work exposure to chemicals and toxins.
Squamous cell cancer is the most frequent type of cancer in cases of cancers that affect the upper two thirds of the esophagus. Adenocarcinoma is more common in the lower one-third. Other risk factors for esophageal carcinoma that are caused by work-related exposure to chemicals and toxins 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 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 allows railroad workers to sue their employers if they suffer injuries or illnesses due to working conditions. The FELA allows workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. A lawyer from the railroad esophageal carcinoma can evaluate your case and explain the law's relevance to your particular situation.
In contrast to a typical workplace injury lawsuit filed in state workers compensation or a state industrial court railroad cases require filing in federal court. This is because FELA is a federal law, and it sets the foundation for all land-based worker's comp laws and maritime law in the United States.
You have a time limit to bring a FELA suit. A suit must be brought within three years from the date you were diagnosed with your illness and you should have realized that it was a work-related issue. A lawyer with experience in FELA will help you determine the time frame for that three-year period.
In a recent case a 62-year-old railroad worker was awarded damages of $500 for pain and suffering that was related to his esophageal cancer. The plaintiff claimed that his exposure to diesel fumes and asbestos that he was aware of at the time of his diagnosis - was the reason for his cancer.
How much can I receive in damages for an esophageal cancer involving the railroad?
Railroad employees suffering from esophageal cancer due to their jobs may be entitled to compensation for medical expenses and loss of earnings as well as suffering. These are called economic damages, and may be awarded in a lawsuit against railroads for cancer. In many instances non-economic damages like emotional distress are also awarded.
Railroad Cancer Lawsuit Settlements may use expert witnesses to establish a link between the negligence of an employer and the worker's esophageal cancer or another illness. A former employee of an repair facility for trains could have been exposed by solvents such as paint and degreasing chemicals that can cause esophageal carcinoma. In some instances, a veteran's military service at Camp Lejeune may have predisposed them to developing esophageal cancer.
In one instance in which 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 the development of esophageal cancer in veterans. However, there are a myriad of other factors that can affect the amount of money the plaintiff is awarded in their railroad injury lawsuit, such as the amount of time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your payout at Sokolove Law and ensure that you get the compensation you deserve. Contact us today to find out more about your case.