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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses that result from their work environment. An experienced FELA cancer lawyer can help you seek damages for both economic and non-economic losses.
Under FELA, you must submit your claim within three years of finding out about your diagnosis and knowing that your condition was due to your railroad work. An attorney can assist you in determining when this timeframe starts to begin.
How railroad workers file claims for cancer?
Railroad workers who have been diagnosed with cancers that could be due to their exposure to work may be qualified to claim compensation. This is usually done through what is called a FELA (Federal Employers Liability Act) claim. The law permits those who have been injured on the job to pursue their employers for damages that cover medical expenses, lost wages and other expenses.
One of the main considerations when it is a railroad cancer lawsuit is that signs of certain cancers could go dormant for years or even decades. Some patients may have difficulty to link their diagnosis with their railroad work. It is crucial to contact a FELA lawyer who has experience as soon as you get a cancer diagnosis.
An experienced FELA attorney can evaluate the situation and assist people determine if they have an opportunity to file an FELA lawsuit. In most cases, workers must bring a suit within three years after being diagnosed with cancer and knowing or having the reason to believe that the cancer was caused by their railroad work.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death her husband Marvin Frieson. He died from stomach cancer that had spread to his esophagus and colon. The widow claimed that her husband had been exposed asbestos-containing substances while working at CSX and that the railroad had failed to take sufficient safety precautions to prevent him from getting injured.
What are the most common causes of esophageal cancer that are common in the railroad industry?
Because railroads were the principal mode of transport for passengers before airplanes became popularized, workers on trains came into contact with many substances that can cause cancer. A lot of railroad workers were exposed to carcinogens as they were working on railroads, maintaining or operating them, or in their shops. This includes asbestos, diesel fumes and solvents.
The people who work in the railroad industry are more likely to develop cancer than those who work in other professions. A lawyer for railroad-related cancer can assist a former rail worker establish that their cancer was caused by their work exposure to chemicals and toxins.
In cases involving cancers that affect the upper two-thirds of the esophagus. The most common histologic kind of tumor is squamous cell carcinoma. Adenocarcinoma tends to be more prevalent in the lower third. Other risk factors that are caused by exposure to toxins or chemicals at work include smoking or consuming alcohol, as well as reflux and achalasia.
A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances at his job. She claimed that this caused his death from stomach cancer. The Court has however granted 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 (FELA) allows railroad workers to bring lawsuits against their employers over injuries and illnesses that arise because of work conditions. cancer lawsuits allows workers to seek compensation for injuries sustained in traumatic accidents, aggravations of pre-existing conditions and occupational diseases such as cancer. A railroad esophageal carcinoma lawyer can examine your case and explain the law's application to your particular situation.
Railroad cases have to be filed in federal court. This is different from a standard workplace accident lawsuit filed in the state workers'' compensation court or state industrial court. This is because FELA is a federal law, and it sets the tone for all other land-based worker's insurance laws and maritime law in the United States.
It is important to keep in mind that you only have a short amount of time to file a FELA lawsuit. A lawsuit must be filed within three years from the date you were diagnosed with your illness and must have been aware that it was work-related. An attorney with experience in FELA will be able to help you determine when the three-year time frame begins to begin.
In a recent case, an 62 year old railroad employee was awarded damages of $500 for pain and suffering related to his esophageal cancer. The plaintiff argued that exposure to asbestos and diesel fumes which he knew about at the time of diagnosis was the reason he developed cancer.
How Much Damages Can I Get in a Railroad 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 and suffering and pain. In a railroad cancer case, these are called economic damages. Non-economic damages, like emotional distress, are also accessible in many instances.
Railroad injury attorneys may use expert witnesses to establish a connection between an employer's negligence and the worker's esophageal tumor or other diseases. An employee who was employed at an repair facility for trains could have been exposed by solvents such as paint or degreasing chemicals that can cause cancer of the esophageal lining. In union pacific railroad lawsuit of a veteran at Camp Lejeune may have predisposed to develop esophageal tumors.
In one instance our client was awarded $6.1 Billion as part of a class-action settlement for the exposure to volatile organic compounds in the drinking water at Camp Lejeune which led to the development of esophageal carcinoma in some veterans. However, there are a myriad of other factors that can influence the amount of money the plaintiff is awarded in their railroad accident claim, for example, how long they spent at Camp Lejeune and how severe their esophageal cancer. At Sokolove Law, we will make sure you receive the maximum amount of compensation and help you get the justice you deserve. Contact us today to learn more about the case.