FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses caused by their work environments. An experienced FELA cancer lawyer can help you seek damages for economic as well as non-economic losses.
You must submit a claim under FELA within three years after the time you find out about your diagnosis and you are aware that the medical condition is related to your railroad employment. An attorney can assist in determining when this timeframe starts to run.
How railroad workers file cancer claims?
Railroad workers diagnosed with cancers that could be due to exposure to their work might be eligible to file a claim for compensation. This is usually done by filing an FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employers for damages, which can include medical costs loss of wages, medical expenses, and other costs.
One of the main considerations when it concerns a railroad-related cancer lawsuit is that symptoms of certain cancers may be buried for years, even decades. Some sufferers may find it difficult to connect their diagnosis to their work on the railroad. It is essential to contact a FELA lawyer with experience immediately you get a cancer diagnosis.
A FELA attorney with experience can evaluate the situation and determine if workers have a case to submit a FELA suit. In most instances, a worker has to present a suit within three years of being diagnosed with cancer and having reason to believe that the cancer was caused by their railroad work.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death of her husband Marvin Frieson. He died from stomach cancer which was spreading to his colon and esophagus. The widow claimed that her late husband was exposed to asbestos-containing substances when working for CSX and that the railroad failed to make the necessary safety precautions to protect him from harm.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Because railroads were a crucial mode of transportation for passengers before airplanes became popular, workers on trains frequently came into contact with a range of chemicals that could cause cancer. When they were building railways, operating or maintaining the trains or working in a shop, a lot of railroad workers were exposed to carcinogens that could cause cancer on a regular basis. This includes asbestos, diesel fumes, and solvents.
Research has shown that those who work on railroads may be more likely to be diagnosed with a variety of different types of cancer than people who work in other fields. In this regard, a knowledgeable railroad cancer injury lawyer can assist an ex-railroad worker prove that their cancer was caused by exposure to toxic substances in the workplace and chemical substances.
Squamous cell cancer is the most commonly encountered type of cancer when it comes to cancers that affect the upper two thirds of the esophagus. The lower third of the esophagus is more frequently affected by Adenocarcinoma. Other risk factors for esophageal cancer that are caused by occupational exposures to toxins and chemicals include smoking tobacco, reflux, and achalasia.
A widow claimed that CSX Railroad exposed their husband to a number toxic substances during his job, which led to his stomach cancer dying. 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 allows railroad workers to sue their employers when they suffer injuries or illnesses because of their work. The FELA allows workers to seek compensation if they suffer injuries that are traumatic, or worsen pre-existing conditions, or occupational diseases, such as cancer. A lawyer who is a railroad esophageal tumor will review your case and explain the law's relevance to your situation.
Railroad cases have to be filed in federal court. This is different from a standard workplace accident lawsuit that is filed with the state workers' compensation court or state industrial 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 comp laws and maritime law in the United States.
You have a limited time to file a FELA suit. You must start a lawsuit within three years of the date that you were diagnosed and should have known it was a work-related health issue. An attorney with expertise in FELA will be able to help you determine when that three-year period starts to begin.
In a recent case, a 62-year-old railroad employee was awarded damages of $500 for pain and suffering related to esophageal cancer. The plaintiff claimed that his exposure to asbestos and diesel fumes which he knew about at the time of diagnosis - was what caused his cancer.
How Much Damages can I Recover in a Train Esophageal Cancer Case?
Railroad employees suffering from esophageal tumors caused by their work can be entitled to compensation for their medical expenses and loss of earnings and suffering and pain. These are called economic damages, and they may be awarded in a railroad cancer lawsuit. In many instances other damages, such as emotional distress are also possible.
railroad workers cancer lawsuit may be utilized by railroad injury lawyers to establish the connection between the negligence of the employer and esophageal, or other illnesses. An employee who was employed at a train repair facility might have been exposed to solvents, such as paint and degreasing substances that can lead to Esophageal cancer. In some cases 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 an action-based settlement for exposure to volatile organic compound in the drinking water of Camp Lejeune which led to patients developing esophageal cancer. There are other factors that determine the amount a plaintiff can receive in a railroad-related injury case, such as the long they spent at Camp Lejeune, and how they are suffering from the cancer. At Sokolove Law, we will endeavor to maximize your amount of compensation and get you the justice you deserve. Contact us today to find out more about your case.