FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries that result from their job. A skilled FELA cancer lawyer can assist you seek damages for both economic and non-economic damages.
Under FELA, you must submit your claim within three years of learning about the diagnosis and knowing that your condition was related to your railroad work. A lawyer can assist you in determining the time when this period starts to begin.
How do railroad workers file claims for cancer?
Patients diagnosed with cancer, which could be caused by the work environment could be able to make a claim. This is usually done via what is called a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employers for damages. This could include medical costs or lost wages, as well as other expenses.
When it is time to file a suit for railroad cancer, it's important to keep in mind that certain cancers can go unnoticed for decades or years. This makes it difficult for some patients to connect their diagnosis with their work on the railroad. It is crucial to contact a FELA lawyer with experience as soon as you are diagnosed with cancer.
An experienced FELA attorney can evaluate the situation and help workers determine whether they have a case for a FELA lawsuit. In the majority of cases, a worker must bring a suit within three years after being diagnosed with cancer and having a reason to believe that the cancer was caused by their work on the railroad.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death her husband Marvin Frieson. He died of stomach cancer that was spreading to his colon and esophagus. The widow claimed that her husband was exposed to asbestos-containing materials while working for CSX and that the railroad was unable to take adequate safety measures to protect him from suffering injuries.
What are the most frequent causes of esophageal cancer in the railroad industry?
Because railroads were the main mode of transport for passengers prior to the time that airplanes became widely used, those working on trains came into contact with a myriad of chemicals that can cause cancer. Many railroad workers were regularly exposed to carcinogens during their time were working on the railroads, maintaining or operating them, or in the shops. These include diesel fumes, solvents and asbestos.
People who work in railroad industry are more susceptible to cancer than those who work in other fields. A lawyer for railroad-related cancer can assist a former rail worker prove that their cancer was the result of workplace exposure to chemicals and toxins.
Squamous cell cancer is the most commonly encountered type of tumor in cases of cancers that affect the upper two-thirds of the esophagus. Adenocarcinoma occurs more frequently in the lower one-third. Other risk factors for esophageal carcinoma 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 variety of toxic substances while at the job, which caused his death from stomach cancer. The Court has however granted 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 workers to sue their employers if they suffer injuries or illnesses because of their work. The FELA permits workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases such as cancer. A lawyer for railroad esophageal cancer can examine your case and explain the law's application to your specific situation.
As opposed to a standard workplace injury lawsuit that is filed in state workers' compensation or state industrial court, railroad cases need to be filed in federal court. This is because FELA is a federal statute that establishes the legal framework for all land-based worker's compensation laws and maritime law in the United States.
There is a limit on the time to bring a FELA suit. A suit must be brought within three years from the date you were diagnosed with the illness and should have known that it was work-related. An attorney with experience in FELA will be able to help you determine when that three-year period starts to begin.
In a recent case a 62-year-old railroad employee was awarded $500 in damages for pain and suffering due to esophageal carcinoma. The plaintiff argued that exposure to asbestos and diesel fumes which he knew about at the time of diagnosis - was the cause of his cancer.
How Much Damages Can I Expect to Receive in a Railroad Esophageal Cancer Case?
Railroad workers who contract esophageal carcinoma due to their work may be entitled to compensation for medical expenses, lost earnings and discomfort. In the case of a cancer affecting railroad workers this is known as economic damages. In many instances there are also non-economic damages, like emotional distress are also awarded.
Expert witnesses can be used by railroad injury attorneys to establish a link between the negligence of an employer and esophageal, or other diseases. For instance, a former worker at a train repair shop might have been exposed to solvents like paint and degreasing chemicals that have a high risk of causing cancer of the esophagus. In certain cases an individual'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 settlement in a class action for exposure to volatile organic compounds in the drinking water of Camp Lejeune which led to patients developing esophageal cancer. However, there are numerous other factors that can influence the amount a plaintiff receives in their railroad injury claim, including the length of time they spent at Camp Lejeune and how severe their esophageal cancer. At Sokolove Law, we will work to maximize your amount of compensation and get you the justice you deserve. Contact blacklands railroad lawsuit to find out more about your case.