FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses caused by their workplaces. A FELA lawyer can help you obtain damages for both economic losses and non-economic ones.
You must file a claim under FELA within three years of the date you learn about your diagnosis and realize that your medical condition is related to your employment at a railroad. An attorney can assist you in determining when the claim period begins to run.
How Do Railroad Workers Claim Cancer Claims?
Patients diagnosed with cancer, that could be related to their exposure at work are able to file claims. This is typically done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers to recover damages, which could include medical costs, lost wages, and other expenses.
When it comes to a lawsuit for railroad cancer, it is crucial to be aware that some cancers might go unnoticed decades or years. This makes it challenging for some patients to link their diagnosis with their work on the railroad. This is why it is vital to contact an experienced FELA lawyer immediately following an announcement of cancer.
A seasoned FELA attorney can evaluate the situation and help workers determine if they are in an opportunity to file a FELA lawsuit. In most cases, a worker must present a suit within three years of being diagnosed with cancer and knowing or having reason to believe that the cancer was caused by their railroad work.
At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who suffered from stomach cancer that had developed into his colon and esophagus. The widow claimed that her late husband was exposed to asbestos-containing materials while working for CSX, and that the railroad was unable to take appropriate safety precautions to prevent him from suffering injuries.
What are the most frequent causes of esophageal cancer within the railroad industry?
Because railroads were a crucial form of passenger transportation before aircrafts became popular, those working on trains often came in contact with a variety of chemicals that could cause cancer. It didn't matter if they were building railroads, maintaining or operating the trains or working in a shop, many railroad workers were exposed to carcinogens that could cause cancer on a regular basis. These include asbestos, diesel fumes and solvents.
Studies have revealed that people who work in railroads could be more susceptible to developing a variety of different kinds of cancer than people working in other occupations. Because of this, an experienced railroad cancer lawyer can assist a former railroad worker prove that the cancer was caused by work-related exposure to toxic chemicals and chemical substances.
Squamous cell cancer is the most common type of cancer when it comes to cancers that affect the upper two-thirds of the esophagus. The lower third of the esophagus is often affected by the adenocarcinoma. Other factors that increase the risk of esophageal cancer that result from work-related exposure to chemicals and toxins include smoking, reflux and achalasia.
A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances at the job, which caused his death due to 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 FELA?
The Federal Employers Liability Act allows railroad workers to sue their employers when they suffer from illness or injuries from working conditions. The FELA permits workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. A lawyer from the railroad esophageal carcinoma will review your case and explain the law's application to your specific situation.
Unlike a standard workplace injury lawsuit that is filed in state workers compensation or state industrial court, railroad cases require filing in federal court. The reason is because FELA, a federal statute that sets the standard 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 limited time to submit a FELA suit. You must make a claim within three years from the date you were diagnosed and should have known that it was a work-related health issue. An experienced lawyer in FELA will help you determine the date of the three-year period.
In a recent case an employee of a railroad aged 62 was awarded $500 in damages for suffering and pain due to esophageal tumors. The plaintiff argued that exposure to diesel fumes and asbestos - which he knew about at the time of diagnosis was the cause of his cancer.
How Much Damages Can I Recover in a Train Esophageal Cancer Case?
Railroad workers who suffer from esophageal tumors caused by their jobs may be entitled to compensation for medical expenses, loss of earnings, as well as pain and suffering. In the case of a cancer affecting railroad workers, these are called economic damages. In many instances there are also non-economic damages, like emotional distress are also awarded.
wasatch railroad contractors lawsuit could use experts to establish a connection between negligence by an employer and the worker's esophageal or other diseases. For instance an employee who worked in an repair shop for trains could have been exposed to solvents, such as paint and degreasing substances that can have a high risk of causing cancer of the esophageal tract. In certain instances the military service of a veteran at Camp Lejeune may have predisposed to develop esophageal cancer.
In one case in which our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds found in the drinking water at Camp Lejeune that led to the development of esophageal cancer in veterans. There are many other factors that influence the amount a plaintiff can be awarded in their railroad accident case, such as how long they were at Camp Lejeune, and how they are suffering from the cancer. We will maximize your payout at Sokolove Law and ensure that you receive the justice you deserve. Contact us today for more about your case.