FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries that result from their work environment. A FELA lawyer for cancer can help you obtain damages for both economic and non-economic ones.
lung cancer lawsuit must file a claim under FELA within three years of the date you discover that you have a diagnosis and you are aware that the health issue is connected to your railroad employment. A lawyer can assist you in determining when this period begins to begin.
How Do Railroad Workers Claim Cancer Claims?
Railroad workers diagnosed with cancer that could be related to their exposure to the workplace may be able to claim compensation. 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 pursue their employers for damages that cover medical costs 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 speak with an FELA lawyer with experience as soon as you are diagnosed with cancer.
An experienced FELA attorney will be able to assess the situation and help workers determine if they have a case for a FELA lawsuit. In most cases, the worker must file a lawsuit within three years after being diagnosed with cancer. They must also be aware or have reason to believe that their work on railroads 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 died of stomach cancer that had metastasized to his esophagus and colon. The widow claimed that her husband's death was caused by being exposed to asbestos-containing materials while working for CSX and that the railroad did not use the proper safety precautions to safeguard him from harm.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Since railroads were a major form of passenger transportation before airplanes were popular, people on trains often came into contact with a myriad of chemicals that could cause cancer. Many railroad workers were regularly exposed to carcinogens while they were working on railroads, maintaining or operating them, or in their shops. These include asbestos, diesel fumes and solvents.
Studies have shown that people who work in railroads could be more likely to develop a variety of different types of cancer than those who work in other occupations. This is why a knowledgeable railroad cancer injury lawyer could assist an ex-railroad worker prove that their cancer was the result of a exposure to toxins in the workplace as well as chemical substances.
Squamous cell cancer is the most prevalent kind of tumor that occurs in cases of cancers that affect the upper two thirds of the esophagus. The lower third of the esophagus can be more frequently affected by Adenocarcinoma. Other risks for esophageal tumors that are caused by occupational exposure to chemicals and toxins include smoking cigarettes, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a number of toxic substances in his job and that this led to his death from stomach cancer. However, the Court denied the motion of the Defendant for Summary Judgment and dismissed all claims.
How do railroad employees file a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers when they suffer injuries or illnesses from working conditions. The FELA allows workers to seek compensation if they suffer injuries that cause trauma, aggravate pre-existing conditions or occupational illnesses such as cancer. An experienced railroad esophageal esophagus cancer lawyer could review your case and explain how the law will apply to your specific situation.
Railroad cases must be filed before federal court. This is different from a standard workplace injury lawsuit filed with state workers' compensation courts or the state industrial court. This is because FELA is a federal statute that sets the tone for all land-based worker's compensation laws and maritime law in the United States.
It is important to be aware that you have a short amount of time to file a FELA lawsuit. lung cancer lawsuit must submit a lawsuit within three years from the date that you were diagnosed and have known that it was a work-related health issue. An attorney who has expertise in FELA can help you determine the date that the three-year period begins to run.
In a recent instance, a railroad worker aged 62 was awarded $500 in damages in compensation for pain and suffering relating to esophageal carcinoma. The plaintiff argued that exposure to diesel fumes and asbestos which he was aware of at the time of diagnosis was the reason for his cancer.
How much could I be awarded in damages for a railroad esophageal cancer case?
Railroad employees suffering from esophageal cancer due to their work can be entitled to compensation for medical expenses and loss of earnings and suffering. In the case of a railroad cancer this is known as economic damages. Non-economic damages, such as emotional distress, are also offered in a variety of cases.
Expert witnesses can be utilized by railroad injury attorneys to establish the link between negligence on the part of the employer and esophageal or other illnesses. For instance, a former worker at an repair shop for trains could have been exposed to solvents, such as paint and degreasing chemicals, which may be a risk to cancer of the esophagus. In some instances the military experience of a veteran at Camp Lejeune may have predisposed them to developing esophageal cancer.
In one instance, our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds in drinking water at Camp Lejeune that led to the development of esophageal cancer in veterans. But there are many other factors that can influence the amount of money the plaintiff receives in their railroad injury claim, for example, how long they spent at Camp Lejeune and how severe their esophageal cancer is. At Sokolove Law, we will endeavor to maximize your amount of compensation and get you the justice you deserve. Contact us today for more about your case.