FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad lawsuits employees to claim compensation for illness or injuries resulting from their work environment. A FELA lawyer for cancer can 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 condition was due to your railroad work. An attorney can help you in determining when this period begins to run.
How railroad workers file cancer claims?
Railroad workers who have been diagnosed with cancer that may be related to their exposure to their work might be in a position to claim compensation. This is usually done by filing a FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employers to recover damages, which could include medical costs as well as lost wages and other expenses.
When it comes to a lawsuit for railroad cancer, it is important to remember that some cancers might go unnoticed years or decades. Some patients may have difficulty to link their diagnosis to their work on the railroad. This is why it’s crucial to speak with an experienced FELA lawyer immediately after a cancer diagnosis.
A seasoned FELA attorney can assess the situation and help people determine if they have an opportunity to bring a FELA lawsuit. In the majority of cases, a worker must file a lawsuit within three years of being diagnosed with cancer and having reason to know that the cancer was caused by their work in the railroad industry.
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 spread to his colon and esophagus. The widow claimed that her husband railroad workers Cancer lawsuit had been exposed asbestos-containing material while working for CSX and that the railroad failed to take the proper safety precautions to prevent him from being injured.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the main form of transportation for passengers before airplanes became popular, train workers were exposed to a variety of substances that can cause cancer. Numerous railroad workers were exposed to carcinogens as they were working on the railroads, maintaining or operating them, or working in shops. These include diesel fumes, asbestos and solvents.
The people who work in the railroad industry are more susceptible to cancer than people working in other fields. In this regard, an experienced railroad lawsuit settlements cancer lawyer could help an ex-railroad worker prove that the cancer was the result of a exposure to toxic substances in the workplace and chemical substances.
In cases of cancers that affect the upper two-thirds of esophagus, the most frequent histologic form of tumor is squamous cell cancer. Adenocarcinoma occurs more frequently in the lower one-third. 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 workers cancer lawsuit (https://boyd-hendrix.mdwrite.net) exposed her husband to a variety of toxic substances during his job. She claimed that this caused his death due to stomach cancer. However, the Court granted 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 union pacific railroad against their employers for injuries and illnesses that happen because of work conditions. The FELA permits workers to claim compensation for traumatic injuries, aggravations of pre-existing conditions and occupational diseases such as cancer. An experienced railroad esophageal carcinoma lawyer can review your case and explain how the law is applicable to your situation.
Railroad cases must be filed in federal court. This is different from a standard workplace accident lawsuit filed with state workers’ compensation court or a state industrial court. This is due to the fact that FELA is a federal statute, and it sets the foundation for all land-based worker’s compensation laws and maritime law in the United States.
It is important to keep in mind that you only have a short amount of time to make a FELA lawsuit. You must submit a lawsuit within three years from the date you were diagnosed and have known that it was a workplace-related illness. An attorney with experience in FELA will be able to help you determine the date that the three-year period begins to run.
In a recent case, a 62-year-old railroad class action lawsuit employee was awarded damages of $500 in compensation for pain and suffering relating to esophageal carcinoma. The plaintiff claimed his exposure to diesel fumes and asbestos that he was aware of at the time of diagnosis was the cause of his cancer.
What amount can I expect in damages for an esophageal cancer involving the railroad?
Railroad employees suffering from esophageal cancer due to their work may be entitled to compensation for medical expenses and loss of earnings and pain and suffering. These are known as economic damages, and they are awarded in a case of railroad cancer. Non-economic damages, for instance emotional distress, are also available in many cases.
Expert witnesses can be utilized by railroad injury lawyers to establish the link between the negligence of the employer and esophageal diseases. An employee who was employed at the train repair facility could have been exposed by solvents like paint and degreasing substances that can lead to cancer of the esophageal tract. In some cases, a veteran’s military service at Camp Lejeune may have predisposed to develop esophageal cancer.
In one instance, our client was awarded $6.1 Billion as part of a class action lawsuit against railroads-action settlement for the exposure to volatile organic compounds in the drinking water in Camp Lejeune which led to the development of esophageal carcinoma in some veterans. There are many other factors that affect the amount a plaintiff will be awarded in their railroad accident case, including how they stayed at Camp Lejeune, and how they are suffering from the cancer. At Sokolove Law, we will work to maximize your compensation and get you the justice you deserve. Contact us today to learn more about the case.