FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries caused by their workplace. A FELA lawyer for cancer can help you obtain damages for both economic losses as well as non-economic ones.
Under FELA You must file your claim within three years of learning about your condition and knowing your condition was related to your railroad work. An attorney can assist you in determining when the claim period begins to begin.
How Do Railroad Workers File Cancer Claims?
Workers diagnosed with cancer, which could be caused by the work environment are able to file a claim. This is usually done via what is called a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employers for damages. This could include medical expenses loss of wages, medical expenses, and other expenses.
When it comes to a lawsuit involving railroad cancer, it's important to remember that some cancers are not spotted for years or decades. This makes it difficult for some patients to link their diagnosis to their involvement in the railroad. This is why it is vital to contact an experienced FELA lawyer as soon as possible after the diagnosis of cancer.
A seasoned FELA attorney can assess the situation and assist people determine if they have a case for an FELA lawsuit. In the majority of cases, workers must present a suit within three years of being diagnosed with cancer and having reason to believe that the cancer was due to 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 died of stomach cancer that had spread to his colon and esophagus. The widow claimed that her late husband was exposed to asbestos-containing substances while working at CSX and that the railroad was unable to take the proper precautions to safeguard him from getting injured.
What are the common causes of Esophageal Cancer in the Railroad Industry?
As railroads were the primary mode of transportation for passengers prior to the time that airplanes were popular, people on trains often came into contact with a wide range of chemicals that could cause cancer. Whether they were building railroads, maintaining or operating the trains or working in a workshop, many railroad workers were exposed to carcinogens with a high risk of causing cancer on a daily basis. This includes diesel fumes solvents and asbestos.
People who work in railroad industry are more susceptible to cancer than those working in other fields. A lawyer for railroad-related cancer can assist a former rail worker prove that their cancer was caused by their work exposure to chemicals and toxins.
Squamous cell cancer is the most common type of cancer when it comes to cancers that affect the upper two thirds of the esophagus. Adenocarcinoma occurs more frequently 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 that CSX Railroad exposed her husband to a variety of toxic substances while at his job and that this caused his death from stomach cancer. However the Court denied the motion of the Defendant for Summary Judgment and dismissed all claims.
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 when they suffer injuries that cause trauma, aggravate pre-existing conditions or occupational diseases like cancer. An experienced railroad esophageal cancer lawyer will review your case and explain how the law applies to your particular situation.
Unlike a standard workplace injury lawsuit filed in state workers compensation or state industrial court, railroad cases require filing in federal court. The reason for this is that FELA, a federal statute which sets the standard for all worker's compensation laws on maritime and land law across the United States, is the foundation of railroad cases.
You have a short time to submit a FELA suit. A lawsuit must be filed within three years of the date you were diagnosed with your illness and must have been aware that it was work-related. A lawyer who has experience in FELA can assist you in determining the start of that three-year period.
In a recent case, an 62 year old railroad worker was awarded damages of $500 for pain and suffering relating to esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes as well as asbestos and asbestos - both of which he knew of at the time of his diagnosis - triggered his cancer.
What amount can I expect in damages for an esophageal carcinoma case on the railroad?
Railroad workers who contract cancer of the esophagus due to their job may be entitled compensation for medical expenses, lost earnings and discomfort. These are known as economic damages, and may be awarded in a railroad cancer lawsuit. Non-economic damages, for instance emotional distress, are available in many cases.
Railroad injury attorneys may use expert witnesses to establish a connection between the negligence of an employer 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 like paint and degreasing substances that can lead to cancer of the esophageal lining. In some instances the military service of a veteran at Camp Lejeune may have predisposed to develop esophageal tumors.
In union pacific railroad lawsuit , our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the exposure to volatile organic compounds in the drinking water at Camp Lejeune which led to people suffering from esophageal cancer. There are many other factors that impact the amount of compensation a plaintiff will receive in their railroad injury claim, such as how they stayed at Camp Lejeune, and how they are suffering from the cancer. We will maximize your compensation with Sokolove Law and ensure that you receive the justice you deserve. Contact us to learn more about the case.