FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries caused by their work. A skilled FELA lawyer can help you seek damages for both economic as well as non-economic losses.
You must file a claim under FELA within three years of the date the time you find out about your diagnosis and realize that your illness is linked to your railroad employment. An attorney can help you determine the date at which this timeframe begins to begin.
How railroad workers file claims for cancer?
People who have been diagnosed with cancer, that could be related to their work-related exposure, may be eligible to make a claim. This is usually done via what is known as a FELA (Federal Employers Liability Act) claim. The law permits employees who have been injured while working to claim damages against their employers that pay for medical expenses, lost wages and other costs.
When it is time to file a lawsuit against railroad cancer, it's important to keep in mind that certain cancers might go unnoticed years or even decades. This makes it difficult for some patients to connect their diagnosis with their involvement in the railroad. This is why it is 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 analyze the situation and determine whether workers are eligible to bring a FELA suit. In the majority of cases, the worker must file a lawsuit within three years of being diagnosed with cancer. They must also be aware or have evidence to suggest that their work on the railroad caused the cancer.
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 which had spread to his colon and esophagus. The widow alleged that her husband had been exposed to asbestos-containing substances when working for CSX and that the railroad did not use the proper safety precautions to safeguard him from harm.
What are the common causes of Esophageal Cancer in the Railroad Industry?
As railroads were the primary method of transporting passengers prior to when aircrafts became popular, those working on trains frequently came into contact with a range of chemicals that could cause cancer. Bladder cancer lawsuit were exposed to carcinogens when they were working on railways, running or maintaining them, or in shops. They were exposed to asbestos, diesel fumes and solvents.
Studies have shown that people working on railroads could be more likely to develop a variety of different kinds of cancer than those who work in other professions. In this regard, a knowledgeable railroad cancer injury lawyer could assist an ex-railroad worker establish that their cancer was caused by exposure to toxic substances in the workplace and chemical substances.
In cases where cancers affect the upper two-thirds esophagus. The most common histologic form of tumor is squamous cell carcinoma. The lower one-third of the esophagus is often affected by the adenocarcinoma. Other risk factors for esophageal carcinoma that result from work-related exposures to toxins and chemicals include smoking tobacco, reflux, and achalasia.
A widow alleged that CSX Railroad exposed their husband to a number harmful substances while he worked and led to his stomach cancer death. However, the Court granted Defendant's Motion for Summary Judgment and dismissed all claims.
How do railroad employees file a claim to be compensated under the FELA?
cancer lawsuits (FELA) allows railroad workers to bring lawsuits against their employers over injuries and illnesses that occur due to work-related conditions. The FELA allows workers to claim compensation if they suffer injuries that are traumatic that aggravate existing conditions or occupational diseases, such as cancer. Leukemia lawsuit who is a railroad esophageal tumor can review your case and explain how the law applies to your particular situation.
Railroad cases must be filed before federal court. This differs from a typical workplace accident lawsuit that is filed with the state workers'' compensation court or a state industrial court. The reason for this is that FELA the federal statute which sets the standard for all laws regarding worker's comp on maritime and land law in the United States, is the foundation of railroad cases.
You have a limited time to file a FELA suit. A lawsuit must be filed within three years from the time you were diagnosed with your illness and you should have realized that it was related to work. An attorney who has expertise in FELA can assist you in determining the date that the three-year period begins to begin.
In a recent instance, an employee of the railroad who was 62 years old was awarded $500 in damages for pain and suffering due to esophageal cancer. The plaintiff claimed that exposure to diesel fumes and asbestos - both of which he knew of at the time of his diagnosis - caused his cancer.
How Much Damages Could I Get in a Railroad Esophageal Cancer Case?
Railroad workers who contract cancer of the esophagus due to their work may be entitled to compensation for medical expenses, lost earnings and pain. These are known as economic damages, and are awarded in a lawsuit against railroads for cancer. In many cases there are also non-economic damages, like emotional distress are also possible.
Railroad injury attorneys may use experts to establish a link between the negligence of an employer and the worker's esophageal tumor or other illness. For example the former worker at an repair shop for trains could have been exposed to solvents such as paint and degreasing chemical that could are a risk for cancer of the esophageal tract. In certain instances the military experience 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 at Camp Lejeune which led to people suffering from esophageal cancer. There are many other factors that can affect the amount of money a plaintiff gets in their railroad injury claim, such as the amount of time they spent at Camp Lejeune and how severe their esophageal cancer. At Sokolove Law, we will work to maximize your amount of compensation and get you the justice you deserve. Contact us today for more about your case.