FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries resulting from their work. A FELA lawyer can help you seek damages for both economic and non-economic ones.
Under FELA, you must submit your claim within three years of finding out about the diagnosis and knowing that your illness was connected to your railroad work. An attorney can assist you determine when this period starts to run.
How Do Railroad Workers Claim Cancer Claims?
Patients diagnosed with cancer, that could be related to their work environment might be able to file claims. This is typically done by filing an FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employers to recover damages, which could include medical expenses as well as lost wages and other costs.
One of the main considerations when it is about a railroad cancer lawsuit is that the symptoms of certain cancers can be inactive for years or even decades. This makes it difficult for some patients to connect their diagnosis to their involvement in the railroad. It is important to contact a FELA lawyer who has experience as soon as you are diagnosed with cancer.
A FELA attorney with years of experience can analyze the situation and determine whether the worker has a legal case to submit a FELA suit. In the majority of cases, workers must file a lawsuit within three years of being diagnosed with cancer and knowing or having the reason to know that the cancer was caused by their railroad work.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death of her husband Marvin Frieson. He died from stomach cancer which had spread to his colon and esophagus. The widow alleged that her husband had been exposed to asbestos-containing material while working for CSX and that the railroad did not use the proper safety precautions to safeguard him from harm.
What are the most frequent causes of cancer of the esophagus in the railroad industry?
Since railroads were a major form of passenger transportation before airplanes became popular, workers on trains often came into contact with a variety of chemicals that could cause cancer. Railroad workers were frequently exposed to carcinogens while they worked on the railways, operating or maintaining them, or working in shops. They were exposed to asbestos, diesel fumes, and solvents.
People who work in the railroad industry are more likely to develop cancer than those working 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 where cancers affect the upper two-thirds esophagus, the most common histologic kind of tumor is squamous cell carcinoma. Adenocarcinoma tends to be more prevalent in the lower third. Other risks for esophageal tumors that is caused by work-related exposures to toxins and chemicals include smoking tobacco, reflux, and achalasia.
A widow alleged that CSX Railroad exposed their husband to a number toxic substances during his work, 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 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 illnesses and injuries that occur due to work-related conditions. The FELA allows workers to seek compensation for traumatic injuries, aggravations of pre-existing conditions and occupational illnesses such as cancer. A lawyer who is a railroad esophageal tumor will review your case and explain the law's application to your particular 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. csx railroad lawsuit is that FELA is a federal statute that sets the standard for all worker's compensation laws on maritime and land law in the United States, is the foundation of railroad cases.
You have a short time to submit a FELA suit. You must make a claim within three years of the date you were diagnosed and should have known that it was a work-related health issue. An attorney with experience in FELA will be able to help you determine when that three-year period starts to begin.
In a recent case, an employee of the railroad who was 62 years old 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 was aware of at the time of diagnosis was the reason he developed cancer.
How much can I receive in damages from a railroad esophageal cancer case?
Railroad employees suffering from esophageal cancer caused by their jobs may be entitled to compensation for their medical expenses or loss of earnings as well as pain and suffering. In a railroad cancer case this is known as economic damages. In many instances, non-economic damages such as emotional distress are also possible.
Expert witnesses can be used by railroad injury attorneys to establish the link between negligence on the part of an employer and esophageal diseases. A former employee of an repair facility for trains could be exposed to solvents, such as paint and degreasing agents which can cause Esophageal cancer. In certain cases an individual's military service at Camp Lejeune may have predisposed to develop esophageal tumors.
In one instance our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the 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 can receive in a railroad injury 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 compensation and get you the justice you deserve. Contact us today to learn more about the case.