FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries caused by their work. A FELA lawyer for cancer can assist you in obtaining damages for both economic and non-economic ones.
Under FELA the law, you must submit your claim within three years of finding out about your diagnosis and knowing your illness was connected to your railroad work. An attorney can help you in determining when this timeframe begins to begin.
How Do Railroad Workers Claim Cancer Claims?
People who have been diagnosed with cancer, which could be due to the work environment are able to make an insurance claim. This is typically done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages. These could include medical expenses or lost wages, as well as other expenses.
One of the main considerations when it concerns a railroad-related cancer lawsuit is the fact that symptoms of some cancers can remain undiscovered for years, or even decades. This makes it challenging for some patients to link their diagnosis with their involvement in the railroad. This is why it's crucial to speak with an experienced FELA lawyer immediately after the diagnosis of cancer.
A seasoned FELA attorney will be able to assess the situation and assist workers determine whether they have an opportunity to file an FELA lawsuit. In most cases, a plaintiff must file a lawsuit within three years after being diagnosed with cancer. They must also know or have reason to believe that their railroad work contributed to the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death of her husband Marvin Frieson. He died from stomach cancer, which was spreading to his colon and esophagus. The widow claimed that her late husband was exposed to asbestos-containing substances while working for CSX and that the railroad had failed to take adequate safety precautions to prevent him from getting injured.
What are the common causes of esophageal cancer in the railroad industry?
As railroads were the primary form of passenger transportation before airplanes became popular, workers on trains were often in contact with a wide range of chemicals that could cause cancer. When they were building railways, maintaining or operating the trains or working in a shop, a lot of railroad workers were exposed carcinogens that were dangerous on a regular basis. This includes diesel fumes solvents and asbestos.
The people who work in the railroad industry are more susceptible to cancer than people working in other occupations. An attorney for railroad injuries can help a former rail worker prove that their cancer was caused by work exposure to toxic chemicals and chemicals.
In cases involving cancers that affect the upper two-thirds of esophagus, the most frequent histologic kind of tumor is squamous-cell carcinoma. The lower third of the esophagus is frequently affected by Adenocarcinoma. Other risk factors that are 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 at his job. She claimed that this caused his death due to stomach cancer. The Court was able to grant the defendant's Motion for Summary Judgment. All claims were dismissed.
How do railroad workers submit a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad workers to sue their employers if they suffer from illness or injuries from working conditions. The FELA allows workers to claim compensation if they suffer traumatic injuries that aggravate existing conditions or occupational diseases such as cancer. A knowledgeable railroad esophageal cancer lawyer can review your case and explain how the law is applicable to your specific situation.
In contrast to a typical workplace injury lawsuit that is filed in state workers' compensation or state industrial court, railroad cases have to be filed in federal court. This is because FELA is a federal law, and it establishes the legal framework for all land-based worker's comp laws and maritime law in the United States.
There is a limit on the time to make a FELA suit. You must file a lawsuit within three years from the date you were diagnosed and have known that it was a work-related illness. An attorney who has experience in FELA could help you determine when the three-year time frame begins to run.
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 cancer. The plaintiff claimed exposure to diesel fumes as well as asbestos - - both of which he knew of at the time of his diagnosis - triggered his cancer.
How much can I receive in damages from an esophageal cancer involving the railroad?
union pacific railroad lawsuits who suffer from esophageal tumors caused by their job may be entitled to compensation for their medical expenses and loss of earnings and suffering and pain. In the case of a railroad cancer they are referred to as economic damages. Non-economic damages, like emotional distress, are also accessible in many instances.
Expert witnesses can be utilized by railroad injury lawyers to establish the connection between negligence on the part of an employer and esophageal illnesses. An employee who was employed at an repair facility for trains could have been exposed to solvents like paint and degreasing agents which can cause cancer of the esophageal tract. In some cases there is a possibility that military service at Camp Lejeune could have predisposed to develop esophageal cancer.
In one case in which our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds found in drinking water at Camp Lejeune that led to the development of esophageal cancer among veterans. There are many other factors that affect the amount a plaintiff can receive in a railroad injury case, such as the long they spent at Camp Lejeune, and how severe their cancer is. We will maximize your payout at Sokolove Law and ensure that you get the justice that you deserve. Contact us to find out more about the case.