FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses caused by their workplaces. A FELA lawyer with experience in cancer could assist you in obtaining damages for both economic losses as well as non-economic ones.
Under FELA the law, you must make a claim within three years of learning about your condition and knowing your condition was due to your railroad work. A lawyer can help you determine when the time for filing a claim begins to begin.
How Do Railroad Workers Claim Cancer Claims?
Anyone diagnosed with cancer which could be caused by the work environment are able to file an insurance claim. This is usually done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits employees who are injured while working to sue their employers for damages that pay for medical expenses as well as lost wages and other expenses.
When it comes to a lawsuit for railroad cancer, it is crucial to be aware that some cancers can go unnoticed for decades or years. Some patients may find it difficult to link their diagnosis to their railroad work. This is why it is so important to contact an experienced FELA lawyer as soon as you can after a cancer diagnosis.
A FELA attorney who has experience will be able to examine the situation and decide whether workers are eligible to file a FELA suit. In most cases, the worker has to file a lawsuit within three years of being diagnosed with cancer. They must also know or have evidence to suggest that their work on the railroad contributed to the cancer.
At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who suffered from stomach cancer that had metastasized to his colon and esophagus. The widow alleged that her husband had been exposed to asbestos-containing materials when working for CSX and that the railroad lawsuits failed to make the necessary safety precautions to protect him.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Because railroads were a crucial method of transporting passengers prior payout to when airplanes became popular, workers on trains frequently came into contact with a myriad of chemicals that could cause cancer. Numerous railroad workers were exposed to carcinogens as they were working on the railways, working on or maintaining them, or working in shops. These include diesel fumes asbestos and solvents.
Workers in the wasatch railroad contractors lawsuit industry are more susceptible to cancer than those who work in other professions. An attorney for railroad injuries can help a former rail worker establish that their cancer was caused by their work exposure to toxic chemicals and chemicals.
Squamous cell cancer is the most prevalent type of tumor in cases of cancers affecting the upper two thirds of the esophagus. Adenocarcinoma is more prevalent in the lower one-third. Other factors that increase the risk of esophageal cancer that is caused by work-related exposure to chemicals and toxins include smoking, reflux and achalasia.
A widow claimed CSX Railroad exposed their husband to harmful substances while he worked and led to his stomach cancer death. However the Court denied the motion of the Defendant for Summary Judgment and dismissed all claims.
How do railroad employees file a claim for compensation under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers for injuries and illnesses that arise because of work conditions. The FELA allows workers to seek compensation for injuries sustained in traumatic accidents as well as aggravations caused by pre-existing health conditions and occupational illnesses such as cancer. A railroad esophageal carcinoma lawyer can examine your case and explain the law’s relevance to your situation.
Railroad cases must be filed with a federal court. This differs from a typical workplace accident lawsuit that is filed with state workers’ compensation court or a state industrial court. This is due to the fact that FELA is a federal law, and it sets the foundation for all other land-based worker’s insurance laws and maritime law in the United States.
It is important to keep in mind that you have a specific amount of time to bring a FELA lawsuit. You must start a lawsuit within three years of the date that you were diagnosed and have known that it was a health issue that was caused by work. A lawyer with experience in FELA can help you determine the start of that three-year period.
In a recent case, an employee of a railroad aged 62 was awarded $500 in damages for pain and suffering due to esophageal tumors. The plaintiff claimed his exposure to asbestos and diesel fumes which he was aware of at the time of his diagnosis – was the reason for his cancer.
How Much Damages Can I Get in a Railroad Esophageal Cancer Case?
railroad cancer lawsuit workers who contract esophageal carcinoma due to their job could be entitled to compensation for medical expenses, lost earnings, and discomfort. These are called economic damages, and may be awarded in a lawsuit for railroad cancer. In many cases other damages, such as emotional distress can also be awarded.
Expert witnesses can be used by railroad injury lawyers to establish the connection between the negligence of the employer and esophageal, or other diseases. An employee who was employed at a train repair facility might be exposed to solvents such as paint or degreasing agents which can cause cancer of the esophageal tract. In certain instances, military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one instance that we handled, 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 veterans’ esophageal cancer. However, there are a myriad of other factors that affect the amount a plaintiff gets in their railroad injury claim, for example, how long they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your payout at Sokolove Law and ensure that you get the compensation you deserve. Contact us to find out more about the case.