FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries caused by their job. A knowledgeable FELA lawyer can help you seek compensation for both economic as well as non-economic losses.
You must file a claim under FELA within three years of the date you discover that you have a diagnosis and know that your medical condition is related to your railroad employment. An attorney can help you in determining when this timeframe starts to begin.
How Do Railroad Workers Claim Cancer Claims?
Railroad workers who are diagnosed with cancer that may be due to exposure to their work might be qualified to file a claim for compensation. This is typically done through what is called a FELA (Federal Employers Liability Act) claim. The law allows those who have been injured on the job to sue their employers for damages that cover medical costs, lost wages and other expenses.
One important consideration when it comes to a railroad cancer lawsuit is that signs of certain cancers can go dormant for years or even decades. Some sufferers may find it difficult to link their diagnosis with their railroad work. This is why it is essential to consult an experienced FELA lawyer immediately after the diagnosis of cancer.
A FELA attorney with experience can examine the situation and decide whether the worker has a legal case to submit a FELA suit. In the majority of cases, a worker has to file a lawsuit within three years after being diagnosed with cancer. They must also be aware or have evidence that their work on railroads caused the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death her husband Marvin Frieson. He died from stomach cancer which was spreading to his colon and esophagus. The widow claimed that her husband had been exposed asbestos-containing substances while working at CSX, and that the railroad failed to take appropriate safety measures to protect him from being injured.
What are the common causes of Esophageal Cancer in the Railroad Industry?
As Leukemia lawsuit were the primary mode of transportation for passengers prior to the time that planes became popular, employees on trains were often in contact with a wide range of chemicals that could cause cancer. When they were building railways, operating the trains or working in a shop, many railroad workers were exposed to carcinogens with a high risk of causing cancer on a daily basis. This includes asbestos, diesel fumes and solvents.
People who work in the railroad industry are more likely to develop cancer than those working in other fields. Because of this, a knowledgeable railroad cancer injury lawyer can help an ex-railroad worker prove that his or her cancer was caused by a exposure to toxins in the workplace as well as chemical substances.
In cases where cancers affect the upper two-thirds esophagus, the most common histologic kind of tumor is squamous-cell carcinoma. The lower one-third of the esophagus is frequently affected by Adenocarcinoma. Other risk factors for esophageal cancer that is caused by work-related exposure to chemicals and toxins include reflux, tobacco-smoking, and achalasia.
A widow claimed that CSX Railroad exposed their husband to a variety of toxic substances during his job that led to his stomach cancer death. However Leukemia lawsuit granted the motion of the defendant for Summary Judgment and dismissed all claims.
How do railroad workers submit a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad workers to sue their employers when they suffer from injuries or illness from working conditions. The FELA permits workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. An experienced railroad esophageal esophagus cancer lawyer could review your case and explain how the law will apply to your specific situation.
Railroad cases must be filed before federal court. This is different from a standard workplace accident lawsuit filed with state workers' compensation courts or a state industrial court. The reason is that FELA, a federal statute which sets the standard for all worker's compensation laws in maritime and land law across the United States, is the base of the railroad cases.
You have a short time to submit a FELA suit. A suit must be brought within three years from the time you were diagnosed with your disease and you should have known that it was due to work. A lawyer who has experience in FELA can help you determine the time frame for that three-year period.
In a recent case an 62 year old railroad employee was awarded damages of $500 for pain and suffering that was related to esophageal carcinoma. The plaintiff claimed exposure to diesel fumes as well as asbestos - both of which he knew of at the time of his diagnosis - caused his cancer.
How much could I be awarded in damages from a railroad esophageal cancer case?
Railroad workers who contract esophageal cancer due to their work may be entitled to compensation for medical expenses, lost earnings, and discomfort. In the case of a railroad cancer this is known as economic damages. Non-economic damages, like emotional distress, are also available in a number of cases.
Expert witnesses could be used by railroad injury attorneys to establish the link between negligence on the part of the employer and esophageal, or other diseases. A former employee of an establishment for train repair could have been exposed by solvents such as paint or degreasing substances that can lead to Esophageal cancer. In certain instances the military experience at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.
In one case, our client was awarded $6.1 Billion as part of a settlement in a class action for exposure to volatile organic compounds in the drinking water in Camp Lejeune which led to veterans developing esophageal carcinoma. There are a myriad of other factors that affect the amount of compensation a plaintiff will receive in a railroad-related injury claim, such as how long they stayed at Camp Lejeune, and how they are suffering from the cancer. At Sokolove Law, we will make sure you receive the maximum amount of compensation and ensure that you receive the justice you deserve. Contact us to find out more about the case.