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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illnesses or injuries caused by their job. A FELA lawyer with experience in cancer could assist you in seeking damages for both economic losses as well as non-economic ones.
Under FELA under FELA, you have to submit your claim within three years of finding out about the diagnosis and knowing that your condition was related to your railroad work. An attorney can help you in determining when the claim period begins to run.
How do railroad workers file claims for cancer?
Railroad workers diagnosed with cancer that could be due to their exposure to work may be able to claim compensation. This is typically done by filing an FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employer for damages, which can include medical expenses as well as lost wages and other expenses.
When it is time to file a suit for railroad cancer, it is important to keep in mind that certain cancers may go unnoticed for decades or years. This makes it challenging for some patients to link their diagnosis to their involvement in the railroad. This is why it is essential to consult an experienced FELA lawyer immediately after a cancer diagnosis.
A FELA attorney who has experience will be able to examine the situation and decide if workers have a case to file a FELA suit. In most instances, a worker has to present a suit within three years of being diagnosed with cancer and having a reason to know that the cancer was caused by their work on the railroad.
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 metamorphosed to his colon and esophagus. The widow claimed that her husband had been exposed to asbestos-containing material when working for CSX and that the railroad did not take proper safety precautions to safeguard him from harm.
What are the most 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 numerous substances that can cause cancer. It didn't matter if they were building railroads, maintaining or operating the trains or working in a shop, numerous railroad workers were exposed to dangerous carcinogens on a regular basis. This includes asbestos, diesel fumes, and solvents.
The people who work in the railroad industry are more susceptible to cancer than those working in other occupations. In this regard, an experienced railroad cancer lawyer can assist a former railroad worker prove that their cancer was caused by a exposure to toxins in the workplace as well as chemical substances.
Squamous cell cancer is the most common type of cancer in cases of cancers affecting the upper two-thirds of the esophagus. Adenocarcinoma is more prevalent in the lower third. Other risk factors that are caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.
A widow claimed CSX Railroad exposed their husband to a number toxic substances in his job which resulted in his stomach cancer dying. 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 allows railroad employees to sue their employers if they suffer from illness or injuries due to work conditions. The FELA allows workers to claim compensation for traumatic injuries, aggravations of pre-existing conditions and occupational diseases like cancer. A lawyer from the railroad esophageal carcinoma will review your case and explain how the law applies to your specific situation.
As opposed to a standard workplace injury lawsuit filed in state workers compensation or a state industrial court, railroad cases have to be filed in federal court. Leukemia lawsuit is that FELA which is a federal law that establishes the standard for all laws regarding worker's comp on land and maritime law throughout the United States, is the base of the railroad cases.
It is important to be aware that you have a specific amount of time to bring a FELA lawsuit. A suit must be brought within three years from the date you were diagnosed with the illness and you should have realized that it was a work-related issue. An experienced lawyer in FELA can help you determine the time frame for that three-year period.
In a recent court case, a 62 year old railroad employee was awarded damages of $500 for pain and suffering due to his esophageal carcinoma. The plaintiff claimed that his exposure to asbestos and diesel fumes that he was aware of at the time of diagnosis was what caused his cancer.
How much can I receive in damages for an esophageal cancer involving the railroad?
Railroad workers who develop Esophageal cancer as a result of their work can be entitled to compensation for medical expenses, lost earnings and discomfort. These are known as economic damages, and they can be awarded in a case of railroad cancer. In many cases non-economic damages like emotional distress are also available.
Railroad injury lawyers could employ experts to establish a link between negligence by an employer and the worker's esophageal cancer or another disease. A former employee of the train repair facility could be exposed to solvents such as paint and degreasing substances that can lead to cancer of the esophageal lining. In some cases military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.
In one instance our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds in the drinking water at Camp Lejeune that led to the development of esophageal cancer in veterans. However, there are a myriad of other factors that can influence the amount the plaintiff is awarded in their railroad injury lawsuit, including how much time they spent at Camp Lejeune and how severe their esophageal cancer. We will maximize your compensation at Sokolove Law and ensure that you get the compensation you deserve. Contact us to learn more about the case.