FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries caused by their work. A knowledgeable FELA cancer lawyer can assist you seek damages for economic as well as non-economic losses.
Under FELA, you must submit your claim within three years of learning about your diagnosis and knowing that your condition was related to your railroad work. An attorney can assist you determine when the time for filing a claim begins to run.
How railroad workers file cancer claims?
Railroad workers who have been diagnosed with cancer that may be caused by their exposure to the workplace may be in a position to claim compensation. This is typically done by filing an FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employers for damages. This could include medical expenses loss of wages, medical expenses, and other expenses.
When it is time to file a lawsuit against railroad cancer, it is important to keep in mind that certain cancers are not spotted for years or even decades. This makes it challenging for some patients to connect their diagnosis to their involvement in the railroad. This is why it is vital to contact an experienced FELA lawyer as soon as possible after the diagnosis of cancer.
A seasoned FELA attorney can evaluate the situation and help workers determine if they have an argument for an FELA lawsuit. In the majority of cases, workers must bring a suit within three years of being diagnosed with cancer and having reason to believe that the cancer was caused by their work in the railroad industry.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death her husband Marvin Frieson. He died of stomach cancer that had spread to his esophagus and colon. The widow claimed that her husband's death was caused by being exposed to asbestos-containing material while working for CSX and that the railroad failed to use the proper safety precautions to protect him.
What are the main causes of esophageal cancer in the railroad industry?
Because railroads were the principal mode of transport for passengers before airplanes became popularized, workers on trains came into contact with a myriad of chemicals that can cause cancer. Whether they were building railways, operating the trains or working in a shop, a lot of railroad workers were exposed carcinogens that were dangerous on a regular basis. These include asbestos, diesel fumes, and solvents.
People who work in railroad industry are more likely to get cancer than people who work in other occupations. A lawyer who specializes in railroad cancer can help a former rail worker prove that their cancer was caused by work exposure to chemicals and toxins.
In cases that involve cancers that affect the upper two-thirds of the esophagus, the most common histologic kind of tumor is squamous cells carcinoma. Adenocarcinoma occurs more frequently in the lower third. Other factors that increase the risk of esophageal cancer that are caused by work-related exposures to toxins and chemicals include smoking, reflux and achalasia.
A widow alleged that CSX Railroad exposed their husband to harmful substances while he worked which resulted in the death of his stomach cancer. However the Court granted the motion of the defendant for Summary Judgment and dismissed all claims.
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 happen because of work conditions. The FELA allows workers to claim compensation if they suffer traumatic injuries that aggravate existing conditions or occupational diseases, such as cancer. A lawyer for railroad esophageal cancer can evaluate your case and explain the law's application to your particular situation.
As opposed to a standard workplace injury lawsuit filed in state workers compensation or a state industrial court, railroad cases must be filed in federal court. The reason is because FELA is a federal statute that sets the standard for all laws governing worker's compensation on maritime and land law in the United States, is the foundation of railroad cases.
You have a limited time to submit a FELA suit. You must start a lawsuit within three years from the date that you were diagnosed and have known that it was a work-related illness. An attorney with expertise in FELA could help you determine when that three-year period starts to begin.
In a recent case a railroad worker aged 62 was awarded $500 in damages for pain and suffering due to esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes and asbestos - both of which he knew of prior to his diagnosis - caused his cancer.
How much will I be able to receive in damages from a railroad esophageal cancer case?
Railroad workers who suffer from esophageal cancer due to their job may be entitled compensation for medical expenses, lost earnings and discomfort. These are known as economic damages, and may be awarded in a case of railroad cancer. railroad controls limited lawsuit -economic damages, for instance emotional distress, are available in a number of cases.
Expert witnesses can be utilized by railroad injury lawyers to establish the connection between the negligence of the employer and esophageal, or other illnesses. An employee who was employed at an repair facility for trains could have been exposed to solvents like paint and degreasing agents which can cause cancer of the esophageal lining. In some cases the military experience 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 a class-action settlement for the exposure to volatile organic compound in the drinking water in Camp Lejeune which led to people suffering from esophageal cancer. There are a variety of other factors that affect the amount of compensation a plaintiff will receive in their railroad injury claim, such as how long they stayed at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will work to maximize your compensation and get you the justice you deserve. Contact us for more information about the case.