FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illnesses or injuries caused by their work. A FELA lawyer with experience in cancer could assist you in seeking damages for both economic and non-economic ones.
You must submit a claim under FELA within three years after you discover that you have a diagnosis and are aware that your medical condition is related to your employment at a railroad. An attorney can help you in determining when this period starts to run.
How Do Railroad Workers File Cancer Claims?
Patients diagnosed with cancer, which could be caused by their exposure at work, may be eligible to file a claim. This is typically done through what is called a FELA (Federal Employers Liability Act) claim. The law permits employees who are injured on the job to claim damages against their employers that pay for medical expenses, lost wages and other costs.
One important consideration when it is a railroad cancer lawsuit is that the symptoms of certain cancers can be inactive for years or even decades. Some patients may have difficulty to link their diagnosis with their railroad work. cancer lawsuits is essential to contact an FELA lawyer with experience immediately you are diagnosed with cancer.
A FELA attorney with experience can assess the situation and determine whether workers are eligible to make a FELA suit. In most instances, a worker has to bring a suit within three years of being diagnosed with cancer and knowing or having reason to believe that the cancer was caused by their work in the railroad industry.
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 metastasized to his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing materials while working for CSX and that the railroad failed to make the necessary safety precautions to protect him.
What are the common causes of Esophageal Cancer in the Railroad Industry?
As railroads were the primary form of passenger transportation before aircrafts became popular, those working on trains frequently came into contact with a myriad of chemicals that could cause cancer. If they were building railways, maintaining or operating trains, or working in a workshop, many railroad workers were exposed dangerous carcinogens on a regular basis. These include diesel fumes solvents and asbestos.
People who work in the railroad industry are more susceptible to cancer than those who work in other occupations. A railroad cancer injury attorney could assist a former railroad worker prove that their cancer was caused by their work exposure to chemicals and toxins.
Squamous cell cancer is the most frequent type of cancer in cases of cancers affecting the upper two-thirds of the esophagus. The lower third of the esophagus can be more often affected by the adenocarcinoma. Bladder cancer lawsuit that are caused by exposure to toxins or chemicals 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 at his job and that this resulted in 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 submit a claim for compensation under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers over injuries and illnesses that arise due to their work environment. The FELA enables workers to claim compensation for traumatic injuries and aggravations to pre-existing conditions and occupational diseases like cancer. A railroad esophageal carcinoma lawyer can review your case and explain the law's relevance to your situation.
Unlike a standard workplace injury lawsuit filed in state workers' compensation or state industrial court, railroad cases must be filed in federal court. The reason is because FELA, a federal statute that establishes the standard for all worker's compensation laws 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 short amount of time to start a FELA lawsuit. You must make a claim within three years from the date that you were diagnosed and should have known that it was a work-related health issue. An experienced lawyer in FELA can assist you in determining the time frame for that three-year period.
In Leukemia lawsuit , an employee of a railroad aged 62 was awarded $500 in damages in compensation for pain and suffering relating to esophageal cancer. The plaintiff argued that exposure to diesel fumes and asbestos which he was aware of at the time of diagnosis - was what caused his cancer.
How Much Damages can I Receive in a Railroad Esophageal Cancer Case?
Railroad workers who suffer from esophageal carcinoma due to their job could be entitled to compensation for medical expenses, lost earnings and suffering. In a case involving cancer in the railroad these are known as economic damages. Other damages, like emotional distress, are available in many cases.
Expert witnesses could be used by railroad injury lawyers to establish a link between negligence on the part of an employer and esophageal illnesses. A former employee of the train repair facility could have been exposed to solvents, such as paint and degreasing substances that can lead to esophageal carcinoma. In some cases, military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one case, our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds in drinking water at Camp Lejeune that led to the development of esophageal cancer among veterans. However, there are a myriad of other factors that affect the amount the plaintiff is awarded in their railroad accident claim, such as the amount of time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your compensation with Sokolove Law and ensure that you get the justice you deserve. Contact us for more information about the case.