FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries caused by their work environments. A skilled FELA cancer lawyer can assist you seek damages for economic as well as non-economic losses.
You must make a claim under FELA within three years after the time you find out about your diagnosis and realize that your illness is linked to your railroad work. A lawyer can help you determine the date at which this timeframe begins to run.
How do railroad workers file cancer claims?
Railroad workers who are diagnosed with cancer that could be due to exposure to work may be eligible to claim 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 claim damages against their employers that pay for medical expenses, lost wages and other expenses.
When it comes to a lawsuit involving railroad cancer, it is crucial to be aware that some cancers may go unnoticed for many years or even decades. Some sufferers may find it difficult to connect their diagnosis to their work on the railroad. This is why it's so important to contact an experienced FELA lawyer immediately after a cancer diagnosis.
A FELA attorney who has experience will be able to analyze the situation and determine whether workers are eligible to bring a FELA suit. In most cases, workers must bring a suit within three years of being diagnosed with cancer and having reason to know 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 which had metastasized to his colon and esophagus. The widow alleged that her husband had been exposed to asbestos-containing materials while working for CSX and that the railroad did not take proper safety precautions to safeguard him.
What are the most frequent causes of esophageal cancer within the railroad industry?
Because railroads were the principal form of transportation for passengers before airplanes became well-known, railroad workers came into contact with a myriad of chemicals that could cause cancer. It didn't matter if they were building railways, operating trains, or working in a shop, many railroad workers were exposed carcinogens with a high risk of causing cancer on a daily basis. This includes asbestos, diesel fumes, and solvents.
People who work in railroad industry are more likely to develop cancer than people working in other occupations. An attorney for railroad injuries can assist a former rail worker prove that their cancer was caused by their work exposure to chemicals and toxins.
In cases where cancers affect the upper two-thirds of the esophagus, the most frequent histologic type of tumor is squamous cell carcinoma. Adenocarcinoma tends to be more prevalent in the lower third. Bladder cancer lawsuit that are caused by exposure to chemicals or toxins at work include smoking, reflux, and achalasia.
A widow alleged that CSX Railroad exposed their husband to harmful substances while he worked which resulted in his stomach cancer death. The Court was able to grant the defendant's Motion for Summary Judgment. All claims were dismissed.
How do railroad workers make a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad workers to sue their employers when they suffer injuries or illnesses due to working conditions. The FELA allows workers to claim compensation for injuries sustained in traumatic accidents and aggravations to pre-existing conditions and occupational diseases such as cancer. cancer lawsuits can evaluate your case and explain how the law applies to your specific situation.
Railroad cases must be filed with a federal court. This is different from a standard workplace accident lawsuit filed in state workers' compensation court or a state industrial court. The reason for this is because FELA is a federal statute that sets the standard for all worker's compensation laws in maritime and land law in the United States, is the base of the railroad cases.
It is crucial to remember that you have a specific period of time to bring a FELA lawsuit. A lawsuit must be filed within three years of the time you were diagnosed with the illness and you should have realized that it was related to work. An experienced lawyer in FELA can help you determine the date of the three-year period.
In a recent instance, a 62 year old railroad worker was awarded damages of $500 for pain and suffering that was related to his esophageal tumor. The plaintiff argued that exposure to diesel fumes and asbestos which he knew about at the time of diagnosis - was the cause of his cancer.
What amount can I expect in damages from an esophageal tumor case that was uncovered on the railroad?
Railroad employees who suffer from esophageal cancer due to their jobs may be entitled to compensation for medical expenses, loss of earnings, as well as suffering and pain. These are referred to as economic damages and may be awarded in a lawsuit against railroads for cancer. Other damages, like emotional distress, are also accessible in many instances.
Expert witnesses could be used by railroad injury attorneys to establish a link between the negligence of the employer and esophageal illnesses. An employee who was employed at an repair facility for trains could have been exposed by solvents such as paint and degreasing substances that can lead to cancer of the esophageal tract. In cancer lawsuits at Camp Lejeune could have predisposed to develop esophageal carcinoma.
In one case that we handled, our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds in drinking water at Camp Lejeune that led to veterans' esophageal cancer. There are other factors that affect the amount a plaintiff will receive in a railroad injury case, such as the they stayed at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will strive to maximize your amount of compensation and get you the justice you deserve. Contact us to learn more about the case.