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 FELA lawyer with experience in cancer could assist you in obtaining damages for both economic and non-economic ones.
You must file a claim for compensation under FELA within three years of the date you learn about your diagnosis and you are aware that the health issue is connected to your work at the railroad. An attorney can help you in determining when this timeframe starts to begin.
How do railroad workers file claims for cancer?
Patients diagnosed with cancer, which could be linked to their exposure at work, may be eligible to file an insurance claim. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employer to recover damages, which could include medical expenses loss of wages, medical expenses, and other expenses.
One of the main considerations when it concerns a railroad-related cancer lawsuit is that symptoms of certain cancers can be inactive for years or even decades. Some sufferers may find it difficult to link their diagnosis to their work on the railroad. It is crucial to contact an FELA lawyer experienced in the event that you get a cancer diagnosis.
An experienced FELA attorney can assess the situation and assist workers determine if they are in a case for a FELA lawsuit. In most cases, the worker has to file a lawsuit within three years after being diagnosed with cancer. They must also know or have evidence to suggest that their work on the railroad led to the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death her husband Marvin Frieson. He died from stomach cancer that was spreading to his colon and esophagus. The widow claimed that her late husband was exposed to asbestos-containing products when working for CSX and that the railroad failed to use the proper safety precautions to safeguard him.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the main mode of transport for passengers before airplanes became widely used, those working on trains were exposed to a variety of chemicals that could cause cancer. Many railroad workers were regularly exposed to carcinogens as they worked on the railways, working on or maintaining them, or in the shops. These include diesel fumes solvents and asbestos.
Workers in the railroad industry are more susceptible to cancer than those working in other professions. This is why an experienced railroad cancer lawyer could assist an ex-railroad worker establish that the cancer was caused by workplace exposure to toxins and chemical substances.
Squamous cell cancer is the most common type of cancer in cases of cancers affecting the upper two thirds of the esophagus. Adenocarcinoma is more prevalent in the lower one-third. Other factors that increase the risk of esophageal cancer that is caused by work-related exposures to toxins and chemicals include reflux, tobacco-smoking, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a range of toxic substances while at his job. She claimed that this resulted in his death from stomach cancer. However, the Court granted the Defendant's Motion for Summary Judgment and dismissed all claims.
How do railroad workers make 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 arise due to their work environment. The FELA allows workers to seek compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational illnesses such as cancer. A railroad esophageal carcinoma lawyer can review your case and explain how the law applies to your situation.
Railroad Cancer Lawsuit Settlements to a typical workplace injury lawsuit that is filed in state workers' compensation or state industrial court, railroad cases have to be filed in federal court. This is due to the fact that FELA is a federal statute, and it establishes the legal framework for all land-based worker's compensation laws and maritime law in the United States.
It is important to remember that you have a short amount of time to make a FELA lawsuit. You must file a lawsuit within three years from the date you were diagnosed and have known it was a health issue that was caused by work. An experienced lawyer in FELA can assist you in determining the start of that three-year period.
In a recent court case, a 62-year-old railroad employee was awarded damages of $500 for pain and suffering that was related to his esophageal cancer. The plaintiff argued that exposure to diesel fumes and asbestos which he knew about at the time of his diagnosis - was the cause of his cancer.
How much could I be awarded in damages for an esophageal cancer involving the railroad?
Railroad workers who contract cancer of the esophagus due to their job could be entitled to compensation for medical expenses, lost earnings and suffering. These are referred to as economic damages, and are awarded in a railroad cancer lawsuit. In many cases non-economic damages like emotional distress are also possible.
Railroad injury attorneys can use expert witnesses to establish a connection between an employer's negligence and the worker's esophageal cancer or another disease. For instance an employee who worked in a repair shop for trains might have been exposed to solvents, such as paint and degreasing substances that can are a risk for cancer of the esophagus. In some instances the military experience at Camp Lejeune could have predisposed to develop esophageal cancer.
In one case, 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 the development of esophageal cancer among veterans. There are many other factors that determine the amount a plaintiff will receive in their railroad injury case, such as how long they stayed at Camp Lejeune, and how severe their cancer is. We will maximize your compensation with Sokolove Law and ensure that you receive the justice you deserve. Contact us today for more about your case.