FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries that result from their job. A FELA lawyer can help you seek damages for both economic losses as well as non-economic ones.
You must make a claim under FELA within three years from the time you discover that you have a diagnosis and are aware that your health issue is connected to your employment at a railroad. An attorney can assist you determine when the time for filing a claim begins to run.
How Do Railroad Workers File Cancer Claims?
Anyone diagnosed with cancer which could be linked to the work environment are able to make claims. railroad cancer lawsuit is often done through what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employer for damages. This could include medical expenses or lost wages, as well as other expenses.
When it comes to a lawsuit involving railroad cancer, it is important to keep in mind that certain cancers can go unnoticed for years or decades. Some patients may have difficulty to connect their diagnosis to their railroad work. This is why it's so important to contact an experienced FELA lawyer as soon as you can after a cancer diagnosis.
A FELA attorney with experience can assess the situation and determine whether the worker has a legal case to file a FELA suit. In most cases, the plaintiff must file a lawsuit within three years of being diagnosed with cancer. They must also know or have evidence that their railroad work has caused the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death of her husband Marvin Frieson. He died from stomach cancer which was spreading to his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing material while working for CSX, and that the railroad had failed to take sufficient precautions to safeguard him from getting injured.
What are the main causes of cancer of the esophagus in the railroad industry?
Because railroads were the main form of transportation for passengers before airplanes became popularized, workers on trains were exposed to a variety of chemicals that can cause cancer. Many railroad workers were regularly exposed to carcinogens when they were working on railroads, maintaining or operating them, or in their shops. This includes diesel fumes, asbestos and solvents.
People who work in the railroad industry are more likely to get cancer than those working in other occupations. For this reason, an experienced railroad cancer lawyer could help an ex-railroad worker establish that the cancer was the result of a work-related exposure to toxic chemicals and chemical substances.
In cases involving cancers that affect the upper two-thirds of the esophagus, the most common histologic type of tumor is squamous cell carcinoma. The lower third of the esophagus can be more often affected by adenocarcinoma. Other risk factors caused by exposure to chemicals or toxins 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 during his job and that this resulted in his death from stomach cancer. However the Court granted Defendant's Motion 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 from working conditions. The FELA allows workers to seek compensation if they suffer injuries that cause trauma, aggravate pre-existing conditions or occupational illnesses such as cancer. A railroad esophageal carcinoma lawyer can evaluate your case and explain the law's application to your situation.
Railroad cases have to be filed in federal court. This is different from a standard workplace accident lawsuit filed with state workers' compensation court or the state industrial court. The reason is that FELA, a federal statute that sets the standard for all worker's compensation laws in maritime and land law in the United States, is the foundation of railroad cases.
You have a limited time to file a FELA suit. You must submit a lawsuit within three years of the date you were diagnosed and should have known that it was a workplace-related illness. An attorney who has experience in FELA can assist you in determining the date that the three-year period begins to begin.
In a recent court case, an 62 year old railroad employee was awarded damages of $500 for pain and suffering due to esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes and asbestos and asbestos - both of which he had knowledge of prior to his diagnosis - caused his cancer.
How Much Damages Could I Receive in a Railroad Esophageal Cancer Case?
Railroad workers who contract Esophageal cancer as a result of their job could be entitled to compensation for medical expenses, lost earnings, and suffering. In a railroad cancer case, these are called economic damages. In many cases other damages, such as emotional distress are also available.
Expert witnesses can be utilized by railroad injury lawyers to establish the link between negligence on the part of the employer and esophageal or another diseases. For example an employee who worked in the repair shop for trains may have been exposed to solvents, such as paint and degreasing chemicals that have a high risk of causing cancer of the esophagus. In some instances military service at Camp Lejeune could have predisposed to develop esophageal cancer.
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 compounds in the drinking water at Camp Lejeune which led to people suffering from esophageal cancer. However, there are numerous other factors that can influence the amount a plaintiff gets in their railroad injury claim such as the amount of time they spent at Camp Lejeune and how severe their esophageal cancer. We will maximize your compensation at Sokolove Law and ensure that you receive the justice you deserve. Contact us today to find out more about your case.