Oliva Puig asked 11 months ago
FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries caused by their workplace. A FELA lawyer can assist you in obtaining damages for both economic and non-economic ones.
You must file a claim under FELA within three years after you discover that you have a diagnosis and you are aware that the medical condition is related to your railroad employment. A lawyer can help you determine when this period starts to begin.
How railroad workers file cancer claims?
Anyone diagnosed with cancer which could be due to their exposure at work, may be eligible to file claims. This is usually done by filing a FELA claim (Federal Employers Liability Act). The law permits employees who have been injured on the job to pursue their employers for damages which cover medical costs loss of wages, medical expenses and other expenses.
One of the main considerations when it comes to a railroad cancer lawsuit is that the symptoms of certain cancers may go dormant for years or even decades. Some patients may find it difficult to link their diagnosis with their railroad work. This is why it is crucial to speak with an experienced FELA lawyer immediately after the diagnosis of cancer.
A FELA attorney who has experience will be able to evaluate the situation and determine whether the worker has a legal case to submit a FELA suit. In the majority of instances, a worker has to file a lawsuit within three years after being diagnosed with cancer and knowing or having the reason to believe that the cancer was caused by their railroad work.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death her husband Marvin Frieson. He died from stomach cancer which had spread to his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing material while working for CSX, and that the union pacific railroad lawsuits was unable to take adequate precautions to safeguard him from getting injured.
What are the common causes of Esophageal Cancer in the Railroad Industry?
Since railroads were a major form of passenger transportation before airplanes were popular, people on trains frequently came into contact with a wide range of chemicals that could cause cancer. If they were building railways, operating or maintaining the trains or working in a workshop, many union pacific railroad lawsuits workers were exposed dangerous carcinogens on a regular basis. This includes asbestos, diesel fumes and solvents.
Research has proven that those working on railroads could be more susceptible to developing a variety of different kinds of cancer than people working in other occupations. A lawyer who specializes in railroad cancer could assist a former railroad worker prove that their cancer was caused by work exposure to toxic chemicals and chemicals.
Squamous cell cancer is the most commonly encountered type of cancer in cases of cancers affecting the upper two-thirds of the esophagus. The lower third of the esophagus is often affected by the adenocarcinoma. Other risk factors caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a range of toxic substances while at his job, and that this resulted in his death from stomach cancer. The Court, however, granted the defendant’s Motion for Summary Judgment. All claims were dismissed.
How do railroad employees make a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad workers to sue their employers if they suffer injuries or get sick due to working conditions. The FELA allows workers to claim compensation when they suffer injuries that are traumatic which aggravate existing conditions or occupational illnesses such as cancer. A lawyer for railroad esophageal cancer can examine your case and explain how the law applies to your situation.
railroad workers cancer Lawsuit cases must be filed before federal court. This differs from a typical workplace injury lawsuit filed with the state workers” compensation court or state industrial court. This is due to the fact that FELA is a federal law, and it sets the tone for all land-based worker’s comp laws and maritime law in the United States.
You have a limited time to bring a FELA suit. A suit must be brought within three years from the time you were diagnosed with your disease and you should have known that it was a work-related issue. An attorney who has expertise in FELA can assist you in determining when that three-year period starts to run.
In one recent case, an employee of a railroad lawsuit settlements aged 62 was awarded $500 in damages for pain and suffering related to esophageal tumors. The plaintiff argued that exposure to asbestos and railroad workers cancer lawsuit diesel fumes – which he knew about at the time of diagnosis was the reason for his cancer.
How Much Damages Could I Recover in a Train Esophageal Cancer Case?
Railroad workers who suffer from esophageal carcinoma due to their work may be entitled to compensation for medical expenses, lost earnings, and discomfort. These are called economic damages and are awarded in a lawsuit for railroad cancer. In many instances, non-economic damages such as emotional distress can also be awarded.
Expert witnesses can be used by railroad injury attorneys to establish a link between the negligence of an employer and esophageal or another illnesses. For example, a former worker at a train repair shop might have been exposed to solvents, such as paint and degreasing chemicals that have a high risk of causing cancer of the esophagus. In certain instances military service 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 an action-based settlement for exposure to volatile organic compound in the drinking water of Camp Lejeune which led to people suffering from esophageal cancer. There are many other factors that influence the amount a plaintiff can receive in a railroad-related injury claim, such as how long they stayed at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will endeavor to maximize your compensation and get you the justice you deserve. Contact us today for more about your case.