FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries that result from their work environment. A skilled FELA cancer lawyer can assist you seek damages for economic and non-economic damages.
You must file a claim for compensation under FELA within three years of the date the time you find out about your diagnosis and are aware that your condition is related to your employment at a railroad. An attorney can help determine the date at which this timeframe begins to run.
How Do Railroad Workers Claim Cancer Claims?
Patients diagnosed with cancer, which could be due to the work environment could be able to make a claim. This is often done through what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages. These could include medical costs loss of wages, medical expenses, and other expenses.
When it is time to file a suit for railroad cancer, it is important to be aware that certain cancers might go unnoticed decades or years. Some patients may find it difficult to link their diagnosis with their railroad work. It is essential to contact an FELA lawyer with experience as soon as you get a cancer diagnosis.
An experienced FELA attorney can assess the situation and assist people determine if they have an argument for a FELA lawsuit. In most cases, a person filing a lawsuit must do so within three years after being diagnosed with cancer. They must also be aware or have reason to believe that their railroad work caused the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death of her husband Marvin Frieson. He died from stomach cancer, which had spread to his colon and esophagus. The widow claimed that her husband had been exposed to asbestos-containing substances while working for CSX and that the railroad did not employ the appropriate safety measures to protect him.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
As railroads were the primary mode of transportation for passengers prior to the time that planes became popular, employees on trains frequently came into contact with a myriad of chemicals that could cause cancer. It didn't matter if they were building railways, operating the trains or working in a shop, many railroad workers were exposed carcinogens with a high risk of causing cancer on a daily basis. These include diesel fumes solvents and asbestos.
The people who work in the railroad industry are more susceptible to cancer than people working in other fields. This is why a skilled railroad cancer lawyer could assist an ex-railroad worker prove that their cancer was the result of a exposure to toxins in the workplace as well as chemical substances.
In cases of cancers that affect the upper two-thirds esophagus. Leukemia lawsuit of tumor is squamous-cell carcinoma. The lower one-third of the esophagus is more frequently affected by adenocarcinoma. Other factors that increase the risk of esophageal cancer that are caused by occupational exposures to toxins and chemicals include smoking cigarettes, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a number of toxic substances during his job, and that this resulted in his death from stomach cancer. However the Court granted the motion of the defendant for Summary Judgment and dismissed all claims.
How Do Railroad Workers File a Claim for Compensation Under FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers when they suffer injuries or illnesses from working conditions. The FELA allows workers to seek compensation if they suffer traumatic injuries, aggravate pre-existing conditions or occupational diseases, such as cancer. An experienced railroad esophageal carcinoma lawyer can evaluate your case and explain how the law is applicable to your particular situation.
Railroad cases must be filed in federal court. This differs from a typical workplace accident lawsuit that is filed with state workers' compensation court or a state industrial court. The reason for this is that FELA which is a federal law that establishes the standards for all laws governing worker's compensation 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 certain period of time to start a FELA lawsuit. A suit must be brought within three years of the date you were diagnosed with your illness and should have known that it was work-related. Leukemia lawsuit with expertise in FELA could help you determine when the three-year period will begin to run.
In one recent case, an employee of a railroad aged 62 was awarded damages of $500 in compensation for pain and suffering relating to esophageal tumors. The plaintiff claimed exposure to diesel fumes as well as asbestos - both of which he knew of prior to the diagnosis - caused the cancer.
How much can I receive in damages from a railroad esophageal cancer case?
Railroad workers who suffer from Esophageal cancer as a result of their work can be entitled to compensation for medical expenses, lost earnings and suffering. In the case of a cancer affecting railroad workers these are known as economic damages. In many instances, non-economic damages such as emotional distress can also be awarded.
Bladder cancer lawsuit can be utilized by railroad injury attorneys to establish a link between the negligence of an employer and esophageal or another diseases. A former employee of an repair facility for trains could have been exposed to solvents such as paint and degreasing agents that can cause Esophageal cancer. In some cases there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one instance our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds in the drinking water at Camp Lejeune that led to the development of esophageal cancer in veterans. There are many other factors that impact the amount a plaintiff can receive in a railroad-related injury case, such as the long they were at Camp Lejeune, and how they are suffering from the cancer. At Sokolove Law, we will endeavor to maximize your amount of compensation and get you the justice you deserve. Contact us today to find out more about your case.