FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries that result from their work environment. An experienced FELA cancer lawyer can help you seek compensation for both economic and non-economic losses.
Under FELA under FELA, you have to file your claim within three years of learning about your diagnosis and knowing your condition was due to your railroad work. An attorney can help you in determining when the claim period begins to begin.
How Do Railroad Workers Claim Cancer Claims?
People who have been diagnosed with cancer, that could be related to their work-related exposure are able to make an insurance claim. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits employees who are injured on the job to pursue their employers for damages that cover medical expenses or lost wages as well as other expenses.
When it comes to a lawsuit for railroad cancer, it is important to remember that some cancers are not spotted for years or decades. This makes it difficult for some patients to link their diagnosis to their involvement in the railroad. It is important to contact a FELA lawyer with experience immediately you get a cancer diagnosis.
A seasoned FELA attorney can assess the situation and help workers determine if they have an opportunity to file a FELA lawsuit. In the majority of cases, the worker must file a lawsuit within three years of being diagnosed with cancer. They must also know or have reason to believe that their work in the railroad industry has caused 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 passed away from stomach cancer which had metamorphosed to his colon and esophagus. The widow alleged that her late husband was exposed to asbestos-containing substances 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?
As railroads were the primary mode of transportation for passengers prior to the time that planes became popular, employees on trains were often in contact with a wide range of chemicals that could cause cancer. A lot of railroad workers were exposed to carcinogens while they were working on railways, working on or maintaining them, or in their shops. This includes asbestos, diesel fumes, and solvents.
Research has shown that those who work for railroads could be more likely to be diagnosed with a variety of different kinds of cancer than those who work in other fields. This is why an experienced railroad cancer lawyer can assist a former railroad worker prove that the cancer was the result of a work-related exposure to toxic chemicals and chemical substances.
railroad lawsuit settlements is the most common kind of tumor that occurs when it comes to cancers that affect the upper two-thirds of the esophagus. Adenocarcinoma tends to be more prevalent in the lower third. Other risk factors for esophageal cancer that result from work-related exposures to toxins and chemicals include smoking cigarettes, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a number of toxic substances in his job, and 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 File a Claim for Compensation Under FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers for injuries and illnesses that arise due to working conditions. The FELA allows workers to seek compensation if they suffer traumatic injuries, aggravate pre-existing conditions or occupational diseases such as cancer. An experienced railroad esophageal carcinoma lawyer will review your case and explain how the law is applicable to your specific situation.
Railroad cases must be filed with a federal court. This is different from a standard workplace injury lawsuit filed with the state workers' compensation court or the state industrial court. This is due to the fact that FELA is a federal statute that sets the tone for all land-based worker's compensation laws and maritime law in the United States.
You have a limited time to bring a FELA suit. You must start a lawsuit within three years of the date you were diagnosed and have known it was a work-related health issue. A lawyer who has experience in FELA can assist you in determining the start of that three-year period.
In a recent case, a railroad worker aged 62 was awarded damages of $500 for pain and suffering due to esophageal carcinoma. The plaintiff claimed that exposure to diesel fumes and asbestos and asbestos - both of which he knew of prior to the diagnosis - caused the cancer.
How Much Damages Can I Get in a Railroad Esophageal Cancer Case?
Railroad employees who suffer from esophageal cancer due to their work can be entitled to compensation for their medical expenses and loss of earnings and suffering. In a case involving cancer in the railroad they are referred to as economic damages. In many instances there are also non-economic damages, like emotional distress are also awarded.
Expert witnesses may be utilized by railroad injury lawyers to establish the link between the negligence of an employer and esophageal or other diseases. A former employee of the train repair facility could have been exposed to solvents such as paint and degreasing substances that can lead to esophageal carcinoma. In some instances, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal tumors.
In one instance our client was awarded $6.1 Billion as part of a class-action settlement for the exposure to volatile organic compounds in the drinking water in Camp Lejeune which led to people suffering from esophageal cancer. However, there are a myriad of other factors that affect the amount of money a plaintiff gets in their railroad injury claim, for example, how long they spent at Camp Lejeune and how severe their esophageal cancer is. At Sokolove Law, we will endeavor to maximize your compensation and ensure that you receive the justice you deserve. Contact us to find out more about the case.