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 FELA lawyer with experience in cancer could help you seek damages for both economic losses and non-economic ones.
You must file a claim under FELA within three years after the time you find out about your diagnosis and know that your health issue is connected to your railroad work. An attorney can help you determine the date at which this timeframe begins to begin.
How railroad workers file cancer claims?
Railroad workers who are diagnosed with cancer that could be related to their exposure to the workplace may be qualified to file a claim for compensation. This is often done through what is called a FELA (Federal Employers Liability Act) claim. Railroad Cancer Lawsuit Settlements allows those who have been injured on the job to sue their employers for damages that pay for medical expenses as well as lost wages and other expenses.
When it comes to a lawsuit for railroad cancer, it's crucial to be aware that some cancers can go unnoticed for years or even decades. This makes it difficult for some patients to link their diagnosis to their involvement in the railroad. It is crucial to speak with an FELA lawyer experienced in the event that you receive a cancer diagnosis.
A FELA attorney with experience can analyze the situation and determine whether the worker has a legal case to submit a FELA suit. In the majority of cases, a plaintiff must file a lawsuit within three years after being diagnosed with cancer. They must also be aware or have a reason to believe that their railroad work has 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 colon and esophagus. The widow claimed that her husband's death was caused by being exposed to asbestos-containing substances while working for CSX and that the railroad failed to take proper safety precautions to safeguard him.
What are the common causes of esophageal cancer in the railroad industry?
Because railroads were the principal form of transportation for passengers before airplanes became popularized, workers on trains were exposed to a variety of chemicals that could cause cancer. Numerous railroad workers were exposed to carcinogens during their time worked on the railways, operating or maintaining them, or working in shops. This includes asbestos, diesel fumes, and solvents.
Research has proven that those who work for railroads could be more likely to develop a variety of different forms of cancer than those who work in other occupations. Because of this, an experienced railroad cancer lawyer can assist a former railroad worker prove that their cancer was the result of a work-related exposure to toxic chemicals and chemical substances.
In cases involving cancers that affect the upper two-thirds esophagus. The most prevalent histologic form of tumor is squamous cells carcinoma. Adenocarcinoma is more common in the lower third. Other risk factors for esophageal cancer that is caused by work-related exposures to toxins and chemicals include smoking, reflux and achalasia.
A widow claimed CSX Railroad exposed their husband to a number toxic substances in his job that led to his stomach cancer dying. The Court did, however, grant the Defendant’s Motion for Summary Judgment. All claims were dismissed.
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 from working conditions. The FELA allows workers to file for compensation if they suffer from injuries that are severe which aggravate existing conditions or occupational diseases such as cancer. A lawyer who is a railroad esophageal tumor will review your case and explain how the law applies to your situation.
Railroad cases have to be filed in federal court. This differs from a typical workplace accident lawsuit filed in the state workers'' compensation court or the state industrial court. The reason for this is that FELA is a federal statute that establishes the standards for all worker's compensation laws on maritime and land laws across the United States, is the basis of the railroad cases.
You have a short time to submit a FELA suit. A lawsuit must be filed within three years of the time you were diagnosed with your 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 date of the three-year period.
In a recent case a railroad worker aged 62 was awarded damages of $500 for suffering and pain due to esophageal tumors. The plaintiff claimed exposure to diesel fumes as well as asbestos and asbestos - both of which he knew of at the time of his diagnosis - led to his cancer.
How much could I be awarded in damages for a railroad esophageal cancer case?
Railroad workers who suffer from esophageal tumors caused by their job may be entitled to compensation for medical expenses, loss of earnings, and pain and suffering. In a case involving cancer in the railroad these are known as economic damages. Other damages, like emotional distress, are also available in many cases.
Railroad injury attorneys can use expert witnesses to establish a link between the negligence of an employer and the worker's esophageal cancer or other disease. A former employee of an establishment for train repair could have been exposed to solvents such as paint and degreasing chemicals that can cause cancer of the esophageal tract. In certain instances the military experience of a veteran at Camp Lejeune may have predisposed to develop esophageal carcinoma.
In one instance our client was awarded $6.1 Billion as part of a class-action settlement for the exposure to volatile organic compound in the drinking water at Camp Lejeune which led to the development of esophageal carcinoma in some veterans. There are a myriad of other factors that influence the amount that a plaintiff will be awarded in their railroad accident case, including how long they spent at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will work to maximize your amount of compensation and get you the justice you deserve. Contact us to learn more about the case.