FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries that result from their work environment. Lymphoma lawsuit could assist you in obtaining damages for both economic and non-economic ones.
You must make a claim under FELA within three years from the time you are diagnosed and you are aware that the health issue is connected to your railroad work. An attorney can help you in determining when the claim period begins to begin.
How do railroad workers file cancer claims?
Workers diagnosed with cancer, which could be linked to their work-related exposure are able to file claims. This is typically done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits those who have been injured while working to claim damages against their employers that cover medical expenses loss of wages, medical expenses and other expenses.
One of the main considerations when it is a railroad cancer lawsuit is that symptoms of some cancers can be buried for years, even decades. Some patients may find it difficult to link their diagnosis to their work on the railroad. This is why it is essential to consult an experienced FELA lawyer immediately after the diagnosis of cancer.
A FELA attorney with experience will be able examine the situation and decide whether workers are eligible to make a FELA suit. In the majority of cases, an employee must file a lawsuit within three years of being diagnosed with cancer and having a reason to believe 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 metamorphosed to his colon and esophagus. The widow alleged that her husband's death was caused by being exposed to asbestos-containing material when working for CSX and that the railroad did not use the proper safety precautions to protect him.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the main form of transportation for passengers prior to airplanes becoming popularized, workers on trains came into contact with many chemicals that can cause cancer. A lot of railroad workers were exposed to carcinogens during their time were working on the railroads, maintaining or operating them, or in the shops. This includes diesel fumes solvents and asbestos.
Research has proven that those working on railroads could be more likely to develop a variety of different forms of cancer than those who work in other occupations. In this regard, a knowledgeable railroad cancer injury lawyer can help 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 where cancers affect the upper two-thirds of the esophagus, the most frequent histologic type of tumor is squamous cell cancer. 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.
mesothelioma lawsuit claimed CSX Railroad exposed their husband to a variety of toxic substances during his work, which led to 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 File a Claim for Compensation Under FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer from injuries or illness due to work conditions. The FELA allows workers to claim compensation when they suffer from injuries that are severe, or worsen pre-existing conditions, or occupational diseases, such as cancer. A knowledgeable railroad esophageal cancer lawyer will review your case and explain how the law is applicable to your situation.
In contrast to a typical workplace injury lawsuit filed in state workers' compensation or state industrial court railroad cases have to be filed in federal court. The reason is because FELA is a federal statute which sets the standard for all laws regarding worker's comp on maritime and land law in the United States, is the base of the railroad cases.
You have a short time to submit a FELA suit. A lawsuit must be filed within three years from the time you were diagnosed with the illness and you should have realized that it was due to work. An experienced lawyer in FELA will help you determine the date of the three-year period.
In Lymphoma lawsuit , a 62-year-old railroad worker was awarded damages of $500 for pain and suffering due to esophageal carcinoma. The plaintiff claimed that his exposure to asbestos and diesel fumes which he was aware of at the time of his diagnosis - was what caused his cancer.
How much can I receive in damages from an esophageal carcinoma case on the railroad?
Railroad employees who suffer from esophageal cancer due to their work can be entitled to compensation for medical expenses and loss of earnings and suffering. These are referred to as economic damages, and may be awarded in a lawsuit against railroads for cancer. In many cases other damages, such as emotional distress can also be awarded.
Railroad injury attorneys may use experts to establish a link between an employer's negligence and the worker's esophageal tumor or other diseases. A former employee of an repair facility for trains could be exposed to solvents like paint and degreasing chemicals that can cause cancer of the esophageal lining. In some cases there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.
In one instance our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the exposure to volatile organic compounds in the drinking water of Camp Lejeune which led to the development of esophageal carcinoma in some veterans. But there are many other factors that can affect the amount of money a plaintiff receives in their railroad injury claim including how much time they spent at Camp Lejeune and how severe their esophageal cancer. At Sokolove Law, we will endeavor to maximize your compensation and get you the justice you deserve. Contact us today to find out more about your case.
