FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses caused by their workplaces. A FELA lawyer for cancer can help you seek damages for both economic losses as well as non-economic ones.
Under railroad lawsuit settlements , you must make a claim within three years of finding out about your condition and knowing your condition was related to your railroad work. An attorney can assist you in determining when this timeframe starts to begin.
How Do Railroad Workers File Cancer Claims?
Patients diagnosed with cancer, which could be due to their work-related exposure could be able to make an insurance claim. This is typically done by filing an FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employers for damages, which can include medical expenses, lost wages, and other expenses.
One of the main considerations when it concerns a railroad-related cancer lawsuit is that signs of certain cancers may be buried for years, even decades. This makes it challenging for some patients to connect their diagnosis with their work on the railroad. This is why it's crucial to speak with an experienced FELA lawyer immediately following the diagnosis of cancer.
An experienced FELA attorney can evaluate the situation and assist people determine if they have an argument for a FELA lawsuit. In the majority of cases, an employee must present a suit within three years after being diagnosed with cancer and knowing or having the reason to know that the cancer was caused by their railroad work.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death her husband Marvin Frieson. He died from stomach cancer which had spread to his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing materials while working for CSX and that the railroad did not make the necessary safety precautions to safeguard him from harm.
What are the common causes of Esophageal Cancer in the Railroad Industry?
Since railroads were the primary form of transportation for passengers prior to the time that airplanes became widely used, those working on trains were exposed to a variety of chemicals that can cause cancer. When they were building railroads, maintaining or operating trains, or working in a shop, many railroad workers were exposed to carcinogens with a high risk of causing cancer on a daily basis. This includes asbestos, diesel fumes, and solvents.
Workers in the railroad industry are more likely to get cancer than people who work in other professions. A lawyer who specializes in railroad cancer could help a former rail worker prove that their cancer was caused by their work exposure to toxic chemicals and chemicals.
Squamous cell cancer is the most commonly encountered type of cancer in cases of cancers that affect the upper two thirds of the esophagus. The lower third of the esophagus is more frequently affected by the adenocarcinoma. Other risk factors caused by exposure to toxins or chemicals at work include smoking or consuming alcohol, as well as reflux and achalasia.
A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances during his job, and that this caused his death due to stomach cancer. The Court, however, granted the defendant's Motion for Summary Judgment. All claims were dismissed.
How do railroad workers file a claim for compensation under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers for illnesses and injuries that occur due to their work environment. The FELA allows workers to claim compensation if they suffer traumatic injuries which aggravate existing conditions or occupational diseases like cancer. A knowledgeable railroad esophageal cancer lawyer can review your case and explain how the law applies to your situation.
Contrary to a typical workplace injury lawsuit filed in state workers compensation or state industrial court railroad cases need to be filed in federal court. This is due to the fact that FELA is a federal statute, and it establishes the legal framework for all land-based worker's compensation laws and maritime law in the United States.
It is important to keep in mind that you have a specific amount of time to file a FELA lawsuit. You must make a claim within three years from the date that you were diagnosed and have known it was a workplace-related illness. An attorney who has experience in FELA could help you determine the date that the three-year period begins to begin.
In a recent instance, a railroad worker aged 62 was awarded $500 in damages for pain and suffering related to esophageal tumors. The plaintiff claimed exposure to diesel fumes as well as asbestos - both of which he was aware of prior to his diagnosis - led to his cancer.
How Much Damages Can I Receive in a Railroad Esophageal Cancer Case?
Railroad workers who suffer from esophageal cancer due to their work may be entitled to compensation for medical expenses, lost earnings and discomfort. In a railroad cancer case, these are called economic damages. In many cases, non-economic damages such as emotional distress are also awarded.
Railroad injury attorneys may use experts to establish a link between the negligence of an employer and the worker's esophageal cancer or another disease. For example an employee who worked in a train repair shop might have been exposed to solvents such as paint and degreasing substances that can pose a risk for Esophageal cancer. In certain instances the military experience of a veteran at Camp Lejeune may have predisposed to develop esophageal tumors.
In one instance that we handled, our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds found in drinking water at Camp Lejeune that led to Esophageal cancer of veterans. There are other factors that influence the amount that a plaintiff will receive in a railroad injury case, such as the long they stayed at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will work to maximize your compensation and ensure that you receive the justice you deserve. Contact us today for more about your case.