FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries that result from their work environment. An experienced FELA lawyer can help you seek damages for both economic and non-economic damages.
You must file a claim for compensation under FELA within three years from the time you are diagnosed and realize that your condition is related to your employment at a railroad. An attorney can assist you determine when the time for filing a claim begins to begin.
How Do Railroad Workers Claim Cancer Claims?
Anyone diagnosed with cancer which could be linked to their work-related exposure might be able to make a claim. This is usually done through what is called a FELA (Federal Employers Liability Act) claim. The law allows employees who are injured on the job to sue their employers for damages which cover medical costs or lost wages as well as other expenses.
One of the most important aspects to consider when it is a railroad cancer lawsuit is the fact that symptoms of some cancers can remain undiscovered for years, or even decades. Some patients may find it difficult to connect their diagnosis to their work on the railroad. This is why it's so important to contact an experienced FELA lawyer immediately after the diagnosis of cancer.
An experienced FELA attorney will be able to assess the situation and help workers determine if they are in an argument for an FELA lawsuit. In most cases, a worker must file a lawsuit within three years of being diagnosed with cancer. They must also be aware or have evidence that their work on railroads contributed to 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 metastasized to his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing material when working for CSX and that the railroad failed to take proper safety precautions to protect him.
What are the common causes of cancer of the esophagus in the railroad industry?
Because railroads were the principal mode of transport for passengers before airplanes became well-known, railroad workers came into contact with many chemicals that can cause cancer. Many railroad workers were regularly exposed to carcinogens when they worked on the railways, running or maintaining them, or working in shops. These include diesel fumes, asbestos and solvents.
Research has proven that those who work in railroads could be more likely to develop a range of different types of cancer than people who work in other occupations. A lawyer who specializes in railroad cancer could assist a former railroad worker prove that their cancer was caused by workplace exposure to toxic chemicals and chemicals.
In cancer lawsuits where cancers affect the upper two-thirds esophagus, the most common histologic kind of tumor is squamous cell cancer. Adenocarcinoma occurs more frequently in the lower third. Other risks for esophageal tumors that result from work-related exposure to chemicals and toxins include smoking cigarettes, reflux, and achalasia.
A widow alleged that CSX Railroad exposed their husband to a number toxic substances during his job that led to the death of his stomach cancer. The Court has however granted the Defendant’s Motion for Summary Judgment. All claims were dismissed.
How do railroad employees file a claim to be compensated under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers for injuries and illnesses that arise due to their work environment. The FELA allows workers to file for compensation if they suffer traumatic injuries which aggravate existing conditions or occupational diseases such as cancer. A railroad esophageal carcinoma lawyer can review your case and explain the law's application to your particular situation.
Contrary to a typical workplace injury lawsuit filed in state workers compensation or a state industrial court railroad cases have to be filed in federal court. This is due to the fact that FELA is a federal law, and it sets the foundation for all land-based worker's compensation laws and maritime law in the United States.
You have a time limit to submit a FELA suit. A suit must be brought within three years of the time you were diagnosed with your illness and you should have realized that it was work-related. An experienced lawyer in FELA will help you determine the beginning of that three-year period.
In a recent case, a 62 year old railroad worker was awarded damages of $500 for pain and suffering due to esophageal carcinoma. The plaintiff claimed exposure to diesel fumes as well as asbestos - - both of which he had knowledge of at the time of his diagnosis - triggered his cancer.
What Damages Can I Recover in a Train Esophageal Cancer Case?
Railroad workers who suffer from esophageal carcinoma caused by their jobs may be entitled to compensation for medical expenses and loss of earnings as well as suffering. Bladder cancer lawsuit are called economic damages and can be awarded in a railroad cancer lawsuit. cancer lawsuits -economic damages, such as emotional distress, are available in many cases.
Railroad injury lawyers could employ expert witnesses to establish a link between negligence by an employer and the worker's esophageal or other diseases. For example, a former worker at a train repair shop might have been exposed to solvents such as paint and degreasing chemicals, which are a risk for Esophageal cancer. In some instances there is a possibility that military service 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 an action-based settlement for exposure to volatile organic compound in the drinking water of Camp Lejeune which led to people suffering from esophageal cancer. There are a variety of other factors that influence the amount a plaintiff will receive in a railroad-related injury claim, such as how long they were at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will make sure you receive the maximum amount of compensation and ensure that you receive the justice you deserve. Contact us for more information about the case.