FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries caused by their workplace. A FELA lawyer can help you seek damages for both economic and non-economic ones.
You must file a claim for compensation under FELA within three years from the time you learn about your diagnosis and know that your condition is related to your railroad employment. An attorney can assist you determine when this period starts to run.
How Do Railroad Workers File Cancer Claims?
Railroad workers diagnosed with cancer that may be related to their exposure to the workplace may be qualified to claim compensation. Bladder cancer lawsuit is usually done by filing a FELA claim (Federal Employers Liability Act). The law permits those who have been injured while working to sue their employers for damages that cover medical expenses, lost wages and other costs.
One important consideration when it comes to a railroad cancer lawsuit is that symptoms of some cancers can be buried for years, even decades. Some sufferers may find it difficult to link their diagnosis to their railroad work. It is essential to contact a FELA lawyer who has experience as soon as you get a cancer diagnosis.
A FELA attorney who has experience will be able to assess the situation and determine whether the worker has a legal case to submit a FELA suit. In the majority of cases, a plaintiff must file a lawsuit within three years after being diagnosed with cancer. They must also be aware or have evidence that their work on railroads 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 that had metamorphosed to his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing material when working for CSX and that the railroad failed to make the necessary safety precautions to protect him.
What are the main causes of esophageal cancer in the railroad industry?
Since railroads were a major mode of transportation for passengers prior to the time that airplanes were popular, people on trains often came into contact with a myriad of chemicals that could cause cancer. Leukemia lawsuit were exposed to carcinogens while they worked on the railways, operating or maintaining them, or in the shops. These include diesel fumes, solvents and asbestos.
Workers in the railroad industry are more likely to develop cancer than people who work in other fields. For this reason, a skilled railroad cancer lawyer could assist an ex-railroad worker establish that his or her cancer was the result of a exposure to toxic substances in the workplace and chemical substances.
In cases of cancers that affect the upper two-thirds of the esophagus, the most frequent histologic type of cancer is squamous cells carcinoma. The lower one-third of the esophagus are more frequently affected by the adenocarcinoma. Other risks for esophageal tumors that result from work-related exposure to chemicals and toxins include smoking tobacco, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a number of toxic substances in the job, which resulted in his death from stomach cancer. The Court has however granted the Defendant's Motion for Summary Judgment. All claims were dismissed.
How do railroad employees submit a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers when they suffer injuries or get sick because of their work. The FELA allows workers to seek compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. An experienced railroad esophageal carcinoma lawyer can review your case and explain how the law will apply to your situation.
Contrary to a typical workplace injury lawsuit that is filed in state workers compensation or a state industrial court railroad cases must be filed in federal court. Leukemia lawsuit is because FELA which is a federal law which sets the standard for all worker's compensation laws on land and maritime law throughout the United States, is the basis for the railroad cases.
There is a limit on the time to submit a FELA suit. You must start a lawsuit within three years of the date you were diagnosed and should have known it was a health issue that was caused by work. An attorney who has expertise in FELA will be able to help you determine when the three-year period will begin to begin.
In a recent court case, a 62-year-old railroad worker was awarded damages of $500 for pain and suffering that was related to esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes and asbestos which he was aware of at the time of diagnosis - was the cause of his cancer.
How much will I be able to receive in damages from an esophageal cancer involving the railroad?
Railroad employees suffering from esophageal carcinoma caused by their work may be entitled to compensation for medical expenses or loss of earnings as well as suffering and pain. In a case involving cancer in the railroad they are referred to as economic damages. Non-economic damages, for instance emotional distress, are available in many cases.
Railroad injury attorneys could use experts to establish a link between negligence by an employer and the worker's esophageal cancer or another disease. For instance a former employee at a train repair shop might have been exposed to solvents like paint and degreasing chemical that could are a risk for cancer of the esophageal tract. In some cases there is a possibility that military service at Camp Lejeune could have predisposed to develop esophageal carcinoma.
In one instance our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the exposure to volatile organic compound in the drinking water of Camp Lejeune which led to people suffering from esophageal cancer. There are a variety of other factors that impact the amount that a plaintiff will receive in a railroad-related injury case, such as how long they spent at Camp Lejeune, and how severe their cancer is. We will maximize your payout at Sokolove Law and ensure that you receive the justice you deserve. Contact us today to find out more about your case.