FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries resulting from their work environment. A FELA lawyer with experience in cancer could help you obtain damages for both economic losses as well as non-economic ones.
Under FELA, you must make a claim within three years of finding out about your diagnosis and knowing that your illness was connected to your railroad work. An attorney can help determine when the time for filing a claim begins to begin.
How do railroad workers file claims for cancer?
Workers diagnosed with cancer, which could be linked to their exposure at work could be able to make a claim. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers to recover damages, which could include medical costs, lost wages, and other expenses.
One of the main considerations when it concerns a railroad-related cancer lawsuit is that symptoms of certain cancers could remain undiscovered for years, or even decades. This makes it difficult for some patients to connect their diagnosis to their work on the railroad. This is why it is vital to contact an experienced FELA lawyer as soon as you can after an announcement of cancer.
A FELA attorney with years of experience can examine the situation and decide whether workers are eligible to make a FELA suit. In most cases, a worker must file a lawsuit within three years of being diagnosed with cancer and knowing or having reason to know that the cancer was caused by their work in the railroad industry.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death her husband Marvin Frieson. He died from stomach cancer that had spread to his colon and esophagus. The widow claimed that her late husband was exposed to asbestos-containing material when working for CSX and that the railroad failed to make the necessary safety precautions to protect him from harm.
What are Bladder cancer lawsuit of Esophageal Cancer in the Railroad Industry?
Since railroads were a key method of transporting passengers prior to when airplanes became popular, workers on trains often came in contact with a variety of chemicals that could cause cancer. Railroad workers were frequently exposed to carcinogens as they worked on the railways, operating or maintaining them, or in shops. This includes diesel fumes solvents and asbestos.
Workers in the railroad industry are more likely to develop cancer than people who work in other professions. An attorney for railroad injuries could assist a former railroad worker prove that their cancer was caused by work exposure to chemicals and toxins.
In cases that involve cancers that affect the upper two-thirds esophagus. The most prevalent histologic form of tumor is squamous-cell carcinoma. The lower one-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, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a number of toxic substances while at his job, and that this caused his death due to stomach cancer. However the Court granted the 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 (FELA) allows railroad workers to bring lawsuits against their employers over illnesses and injuries that occur due to their work environment. The FELA allows workers to claim compensation when they suffer from injuries that are severe, or worsen pre-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 specific situation.
Railroad cases have to be filed in federal court. This is different from a standard workplace accident lawsuit filed in the state workers' compensation court or a state industrial court. The reason is because FELA which is a federal law that sets the standard for all laws governing worker's compensation on maritime and land law in the United States, is the foundation of railroad cases.
You have a short time to submit a FELA suit. You must submit a lawsuit within three years from the date that you were diagnosed and should have known that it was a work-related illness. An attorney who has expertise in FELA can assist you in determining when that three-year period starts to run.
In a recent case a 62-year-old railroad employee was awarded damages of $500 for pain and suffering related to his esophageal cancer. The plaintiff claimed his exposure to asbestos and diesel fumes - which he knew about at the time of diagnosis was the reason for his cancer.
How Much Damages can I Receive in a Railroad Esophageal Cancer Case?
Railroad employees suffering from esophageal cancer due to their work can be entitled to compensation for their medical expenses or loss of earnings as well as suffering and pain. In cancer lawsuits of a cancer affecting railroad workers they are referred to as economic damages. Non-economic damages, for instance emotional distress, are available in many cases.
Railroad injury lawyers could employ expert witnesses to establish a link between the negligence of an employer and the worker's esophageal cancer or another illness. A former employee of a train repair facility might have been exposed to solvents such as paint or degreasing substances that can lead to cancer of the esophageal tract. In some instances, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal cancer.
In cancer lawsuits , our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds found in the drinking water at Camp Lejeune that led to veterans' esophageal cancer. There are a variety of other factors that influence the amount a plaintiff can receive in a railroad-related injury case, such as the long they were at Camp Lejeune, and how severe their cancer is. We will maximize your compensation with Sokolove Law and ensure that you get the justice that you deserve. Contact us today for more about your case.