FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries caused by their job. railroad lawsuit settlements could help you seek damages for economic and non-economic losses.
Under FELA You must file 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 when the claim period starts to run.
How Do Railroad Workers File Cancer Claims?
Patients diagnosed with cancer, that could be related to the work environment, may be eligible to file claims. This is typically done through what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages. This could include medical costs, lost wages, and other costs.
One of the main considerations when it is about a railroad cancer lawsuit is that signs of certain cancers can go dormant for years or even decades. This makes it difficult for some patients to link their diagnosis with their involvement in the railroad. This is why it is crucial to speak with an experienced FELA lawyer immediately following a cancer diagnosis.
A seasoned FELA attorney will be able to assess the situation and help people determine if they have an argument for an FELA lawsuit. In the majority of cases, a worker must file a lawsuit within three years after being diagnosed with cancer. They must also know or have reason to believe that their work in the railroad industry caused the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death of her husband Marvin Frieson. He died from stomach cancer, which was spreading to his colon and esophagus. The widow alleged that her husband was exposed to asbestos-containing material while working for CSX and that the railroad did not employ the appropriate safety measures to protect him.
What are the common causes of Esophageal Cancer in the Railroad Industry?
Because railroads were a crucial method of transporting passengers prior to when aircrafts became popular, those working on trains frequently came into contact with a myriad of chemicals that could cause cancer. Whether 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.
Studies have shown that people who work for railroads could be more susceptible to developing a variety of different types of cancer than people who work in other occupations. A railroad cancer injury attorney could help a former rail worker prove that their cancer was caused by work exposure to chemicals and toxins.
Squamous cell cancer is the most common type of tumor in cases of cancers that affect the upper two thirds of the esophagus. The lower one-third of the esophagus are more frequently affected by adenocarcinoma. Other risk factors caused by exposure to chemicals or toxins at work include smoking, reflux, and achalasia.
A widow claimed CSX Railroad exposed their husband to a variety of harmful substances while he worked and led to his stomach cancer death. However the Court granted Defendant's Motion for Summary Judgment and dismissed all claims.
How do railroad workers file a claim to be compensated under the FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer injuries or illnesses from working conditions. The FELA allows workers to claim compensation if they suffer traumatic injuries which aggravate existing conditions or occupational illnesses such as cancer. An experienced railroad esophageal carcinoma lawyer can evaluate your case and explain how the law applies to your situation.
Railroad cases must be filed in federal court. This differs from a typical workplace accident lawsuit that is filed with state workers' compensation court or state industrial court. This is due to the fact that FELA is a federal law that sets the foundation for all other land-based worker's insurance laws and maritime law in the United States.
You have a short time to submit a FELA suit. A suit must be brought within three years of the time you were diagnosed with the disease and you should have known that it was related to work. A lawyer who has experience in FELA can help you determine the date of the three-year period.
In a recent case, an 62-year old railroad employee was awarded damages of $500 for pain and suffering that was related to his esophageal tumor. The plaintiff argued that exposure to diesel fumes and asbestos which he knew about at the time of his diagnosis - was the reason he developed cancer.
How Much Damages Can I Expect to Receive in a Railroad Esophageal Cancer Case?
Railroad workers who contract cancer of the esophagus due to their job may be entitled compensation for medical expenses, lost earnings and discomfort. These are called economic damages, and they may be awarded in a lawsuit for railroad cancer. Non-economic damages, like emotional distress, are also offered in a variety of cases.
Expert witnesses can be used by railroad injury lawyers to establish the connection between the negligence of an employer and esophageal diseases. A former employee of an establishment for train repair could have been exposed by solvents, such as paint and degreasing chemicals that can cause esophageal carcinoma. In some instances, military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one case 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 veterans developing esophageal carcinoma. There are many other factors that could affect the amount of money the plaintiff is awarded in their railroad accident claim, such as the amount of time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your compensation with Sokolove Law and ensure that you get the justice that you deserve. Contact us today for more about your case.