FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses caused by their work environments. A knowledgeable FELA cancer lawyer can help you seek damages for both economic and non-economic damages.
Under FELA under FELA, you have to make a claim within three years of finding out about your condition and knowing your illness was connected to your railroad work. An attorney can assist in determining the time when this period starts to begin.
How railroad workers file claims for cancer?
People who have been diagnosed with cancer, which could be due to their work-related exposure might be able to file an insurance claim. This is usually done by filing a FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employers to recover damages, which could include medical costs as well as lost wages and other expenses.
A key aspect to take into consideration when it is about a railroad cancer lawsuit is that the symptoms of certain cancers could go dormant for years or even decades. Some patients may have difficulty to link their diagnosis to their railroad work. It is crucial to contact an FELA lawyer with experience immediately you get a cancer diagnosis.
A FELA attorney with years of experience can evaluate the situation and determine whether workers are eligible to submit a FELA suit. In most cases, an employee must present a suit within three years of being diagnosed with cancer and having reason to believe that the cancer was caused by their work in the railroad industry.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death her husband Marvin Frieson. He died from stomach cancer that had spread to his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing materials while working for CSX and that the railroad did not make the necessary safety precautions to protect him.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Since railroads were a major mode of transportation for passengers prior to the time that planes became popular, employees on trains often came in contact with a wide range of chemicals that could cause cancer. A lot of railroad workers were exposed to carcinogens during their time worked on the railways, running or maintaining them, or in the shops. These include diesel fumes asbestos and solvents.
The people who work in the railroad industry are more likely to get cancer than those working in other professions. An attorney for railroad injuries can help a former rail worker establish that their cancer was the result of workplace exposure to toxic chemicals and chemicals.
In cases where cancers affect the upper two-thirds of the esophagus, the most common histologic form of tumor is squamous cells carcinoma. Adenocarcinoma is more prevalent in the lower one-third. Other factors that increase the risk of esophageal cancer that is caused by work-related exposure to chemicals and toxins include smoking cigarettes, reflux, and achalasia.
railroad lawsuits 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 to be compensated under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers over injuries and illnesses that happen due to working conditions. The FELA allows workers to seek compensation if they suffer traumatic injuries that aggravate existing conditions or occupational diseases, such as cancer. A lawyer for railroad esophageal cancer can examine your case and explain the law's relevance to your situation.
Unlike a standard workplace injury lawsuit that is filed in state workers compensation or a state industrial court, railroad cases need to be filed in federal court. The reason for this is that FELA the federal statute that sets the standard for all laws governing worker's compensation on maritime and land law in the United States, is the base of the railroad cases.
There is a limit on the time to make a FELA suit. You must submit a lawsuit within three years from the date you were diagnosed and have known that it was a work-related illness. A lawyer with experience in FELA can help you determine the time frame for that three-year period.
In a recent case, an employee of the railroad who was 62 years old was awarded $500 in damages for pain and suffering related to esophageal tumors. The plaintiff claimed exposure to diesel fumes and asbestos - - both of which he had knowledge of prior to his diagnosis - led to his cancer.
How Much Damages Can I Expect to Receive in a Railroad Esophageal Cancer Case?
Railroad workers who contract esophageal cancer due to their job may be entitled compensation for medical expenses, lost earnings and pain. In the case of a railroad cancer these are known as economic damages. In many instances, non-economic damages such as emotional distress are also awarded.
Railroad injury attorneys can use expert witnesses to establish a link between an employer's negligence and the worker's esophageal or other diseases. For example the former worker at a repair shop for trains might have been exposed to solvents like paint and degreasing substances that can may be a risk to cancer of the esophageal tract. In some instances there is a possibility that military service at Camp Lejeune could have predisposed to develop esophageal cancer.
In one case, our client was awarded $6.1 Billion as part of an action-based settlement for exposure to volatile organic compounds in the drinking water of Camp Lejeune which led to patients developing esophageal cancer. There are a myriad of other factors that affect the amount a plaintiff can receive in a railroad-related injury case, such as how long they spent at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will work to maximize your amount of compensation and get you the justice you deserve. Contact us today to learn more about the case.