FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries that result from their work environment. A FELA lawyer can assist you in seeking damages for both economic losses as well as non-economic ones.
Under FELA the law, you must submit your claim within three years of finding out about your diagnosis and knowing that your condition was a result of your railroad work. An attorney can help you determine when this time frame begins to begin.
How railroad workers file claims for cancer?
Patients diagnosed with cancer, that could be related to their exposure at work might be able to file an insurance claim. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employer for damages. These could include medical costs or lost wages, as well as other costs.
When it is time to file a suit for railroad cancer, it is crucial to be aware that some cancers may go unnoticed for years or decades. Some sufferers may find it difficult to link their diagnosis to their work on the railroad. This is why it's so important 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 workers determine if they have a case for an FELA lawsuit. In the majority of cases, workers must bring a suit within three years after being diagnosed with cancer and knowing or having the reason to believe that the cancer was caused by their work on the railroad.
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 that had metastasized to his colon and esophagus. The widow claimed that her husband had been exposed to asbestos-containing substances when working for CSX and that the railroad failed to make the necessary safety precautions to safeguard him.
What are the most frequent causes of esophageal cancer in the railroad industry?
Because railroads were the principal form of transportation for passengers before airplanes became popular, train workers came into contact with many chemicals that could cause cancer. If they were building railroads, maintaining or operating trains, or working in a shop, numerous railroad workers were exposed dangerous carcinogens on a regular basis. These include diesel fumes, solvents and asbestos.
People who work in railroad industry are more likely to develop cancer than those who work in other fields. A railroad cancer injury attorney can help a former rail worker establish that their cancer was caused by work exposure to toxic chemicals and chemicals.
In cases that involve cancers that affect the upper two-thirds of the esophagus. The most common histologic type of tumor is squamous cell carcinoma. Adenocarcinoma is more prevalent in the lower third. Other risk factors 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 number of toxic substances in his job, and that this led to his death from stomach cancer. The Court has however granted the defendant's Motion for Summary Judgment. All claims were dismissed.
How do railroad employees make 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 due to working conditions. The FELA allows workers to claim compensation when they suffer from injuries that are severe that aggravate existing conditions or occupational diseases such as cancer. A lawyer who is a railroad esophageal tumor can evaluate your case and explain the law's application to your situation.
Railroad cases must be filed with a federal court. This differs from a typical workplace accident lawsuit filed in the state workers' compensation court or a state industrial court. The reason is that FELA is a federal statute that establishes the standards for all worker's compensation laws on maritime and land law across the United States, is the basis for the railroad cases.
It is important to remember that you have a short amount of time to make a FELA lawsuit. A suit must be brought within three years of the date you were diagnosed with the illness and should have known that it was a work-related issue. A lawyer with experience in FELA can help you determine the date of the three-year period.
In a recent instance, an employee of the railroad who was 62 years old was awarded damages of $500 for suffering and pain due to esophageal carcinoma. The plaintiff claimed exposure to diesel fumes as well as asbestos and asbestos - both of which he was aware of prior to his diagnosis - led to his cancer.
How much will I be able to receive in damages from a railroad esophageal cancer case?
Railroad workers who suffer from cancer of the esophagus due to their job could be entitled to compensation for medical expenses, lost earnings, and discomfort. In the case of a railroad cancer this is known as economic damages. blacklands railroad lawsuit -economic damages, such as emotional distress, are also offered in a variety of cases.
Expert witnesses can be utilized by railroad injury attorneys to establish the link between the negligence of an employer and esophageal diseases. For instance the former worker at the repair shop for trains may have been exposed to solvents such as paint and degreasing chemicals that may be a risk to cancer of the esophageal tract. In certain instances, a veteran's military service at Camp Lejeune may 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 veterans developing esophageal carcinoma. There are many other factors that impact the amount of compensation a plaintiff will receive in a railroad injury case, including how long they stayed at Camp Lejeune, and how they are suffering from the cancer. We will maximize your compensation at Sokolove Law and ensure that you get the justice you deserve. Contact us today to learn more about your case.