FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses that result from their work environment. A FELA lawyer for cancer can assist you in obtaining damages for both economic and non-economic ones.
Under FELA You must submit your claim within three years of finding out about your diagnosis and knowing your condition was due to your railroad work. An attorney can help you in determining when this timeframe begins to run.
How railroad workers file cancer claims?
Patients diagnosed with cancer, that could be related to the work environment could be able to file a claim. This is usually done by filing a FELA claim (Federal Employers Liability Act). The law allows those who have been injured while working to pursue their employers for damages which cover medical costs as well as lost wages and other costs.
A key aspect to take into consideration when it comes to a railroad cancer lawsuit is that signs of certain cancers could remain undiscovered for years, or even decades. cancer lawsuits makes it challenging for some patients to link their diagnosis with their involvement in the railroad. It is essential to contact a FELA lawyer with experience immediately you are diagnosed with cancer.
A seasoned FELA attorney can evaluate the situation and help workers determine if they are in an opportunity to file an FELA lawsuit. In the majority of cases, an employee must present a suit within three years after being diagnosed with cancer and knowing or having the reason to know that the cancer was caused by their work on the railroad.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with 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 substances while working at CSX and that the railroad was unable to take adequate safety measures to protect him from getting injured.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Because railroads were a crucial mode of transportation for passengers before airplanes were popular, people 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 dangerous carcinogens on a regular basis. This includes diesel fumes solvents and asbestos.
People who work in railroad industry are more likely to develop cancer than people who work in other fields. For this reason, a skilled railroad cancer lawyer can assist a former railroad worker prove that the cancer was caused by exposure to toxins in the workplace as well as chemical substances.
Squamous cell cancer is the most common kind of tumor that occurs in cases of cancers affecting the upper two thirds of the esophagus. The lower third of the esophagus are more often affected by adenocarcinoma. Other risk factors caused by exposure to toxins or chemicals at work include smoking or consuming alcohol, as well as reflux and achalasia.
A widow claimed that CSX Railroad exposed her husband to a range of toxic substances while at the job, which resulted in his death from stomach cancer. The Court was able to grant the Defendant's Motion for Summary Judgment. All claims were dismissed.
How do railroad workers file a claim for compensation under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers over injuries and illnesses that occur because of work conditions. The FELA enables workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. Bladder cancer lawsuit will review your case and explain how the law applies to your particular situation.
In contrast to a typical workplace injury lawsuit filed in state workers compensation or state industrial court, railroad cases must be filed in federal court. The reason is because FELA the federal statute that establishes the standards 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 only have a specific amount of time to bring a FELA lawsuit. A suit must be brought within three years of the time you were diagnosed with the illness and must have been aware that it was related to work. A lawyer who has experience in FELA can assist you in determining the beginning of that three-year period.
In a recent case an employee of the railroad who was 62 years old was awarded $500 in damages in compensation for pain and suffering relating to his esophageal cancer. The plaintiff claimed that exposure to diesel fumes and asbestos - - both of which he was aware of at the time of his diagnosis - triggered his cancer.
What Damages Can I Expect to Receive in a Railroad Esophageal Cancer Case?
cancer lawsuits who suffer from esophageal tumors caused by their job may be entitled to compensation for their medical expenses or loss of earnings as well as suffering and pain. These are called economic damages, and they can be awarded in a lawsuit for railroad cancer. Other damages, like emotional distress, are also offered in a variety of cases.
Railroad injury lawyers could employ expert witnesses to establish a connection between the negligence of an employer and the worker's esophageal or other illness. For instance the former worker at the repair shop for trains may have been exposed to solvents, such as paint and degreasing chemicals that may be a risk to Esophageal cancer. In some instances, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal carcinoma.
In one instance that we handled, our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds found in drinking water at Camp Lejeune that led to Esophageal cancer of veterans. There are many other factors that affect the amount a plaintiff gets in their railroad injury claim including how much time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your compensation with Sokolove Law and ensure that you get the compensation you deserve. Contact us today to find out more about your case.