FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses that result from their work environment. An experienced FELA lawyer can help you pursue damages for both economic and non-economic losses.
You must file a claim under FELA within three years from the time you learn about your diagnosis and know that your condition is related to your employment at a railroad. An attorney can assist you determine the date at which this timeframe begins to run.
How Do Railroad Workers Claim Cancer Claims?
Patients diagnosed with cancer, which could be caused by the work environment could be able to file claims. This is usually done via what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employer to recover damages, which could include medical costs or lost wages, as well as other expenses.
A key aspect to take into consideration when it concerns a railroad-related cancer lawsuit is the fact that symptoms of certain cancers may be inactive 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's crucial to speak with an experienced FELA lawyer as soon as you can after a cancer diagnosis.
An experienced FELA attorney can evaluate the situation and help workers determine whether they have an opportunity to file 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 be aware or have evidence to suggest that their work on the railroad 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 suffered from stomach cancer that had metastasized to his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing substances while working for CSX and that the railroad had failed to take adequate safety precautions to protect him from suffering injuries.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the principal mode of transport for passengers prior to the time that airplanes became well-known, railroad workers were exposed to a variety of substances that can cause cancer. Railroad workers were frequently exposed to carcinogens while they worked on the railways, working on or maintaining them, or in shops. This includes diesel fumes, solvents and asbestos.
People who work in railroad industry are more susceptible to cancer than people who work in other occupations. This is why a skilled railroad cancer lawyer can assist an ex-railroad worker prove that his or her cancer was caused by a workplace exposure to toxins and chemical substances.
Squamous cell cancer is the most frequent type of cancer when it comes to cancers that affect the upper two-thirds of the esophagus. The lower third of the esophagus can be more frequently affected by adenocarcinoma. Other risk factors caused by exposure to chemicals or toxins at work include smoking or consuming alcohol, as well as reflux and achalasia.
A widow claimed that CSX Railroad exposed their husband to a number toxic substances during his work, which led to his stomach cancer death. However the Court granted the motion of the defendant for Summary Judgment and dismissed all claims.
How do railroad employees file a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers when they suffer from injuries or illness due to work conditions. The FELA allows workers to claim compensation for injuries sustained in traumatic accidents, aggravations of pre-existing conditions and occupational illnesses such as cancer. An experienced railroad esophageal esophagus cancer lawyer will review your case and explain how the law will apply to your specific situation.
Railroad cases have to be filed in federal court. This is different from a standard workplace accident lawsuit filed with state workers' compensation court or a state industrial court. The reason is that FELA, a federal statute which sets the standard for all laws governing worker's compensation on maritime and land law across the United States, is the base of the railroad cases.
There is a limit on the time to file a FELA suit. A lawsuit must be filed within three years from the time you were diagnosed with the illness and you should have realized that it was a work-related issue. An attorney with experience in FELA will be able to help you determine when the three-year period will begin to begin.
In a recent case a 62-year-old railroad employee was awarded damages of $500 for pain and suffering relating to his esophageal cancer. The plaintiff claimed exposure to diesel fumes and asbestos - both of which he had knowledge of prior to his diagnosis - caused his cancer.
How Much Damages Can I Get in a Railroad Esophageal Cancer Case?
Railroad workers who suffer from esophageal cancer due to their work may be entitled to compensation for medical expenses, lost earnings and suffering. In Leukemia lawsuit of a cancer affecting railroad workers, these are called economic damages. Non-economic damages, such as emotional distress, are accessible in many instances.
Leukemia lawsuit can be used by railroad injury lawyers to establish a link between the negligence of the employer and esophageal, or other diseases. For example the former worker at an repair shop for trains could have been exposed to solvents, such as paint and degreasing chemicals that may be a risk to Esophageal cancer. In some cases 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 an action-based settlement for exposure to volatile organic compounds in the drinking water of Camp Lejeune which led to people suffering from esophageal cancer. However, there are numerous other factors that can affect the amount of money the plaintiff receives in their railroad injury claim, including how much time they spent at Camp Lejeune and how severe their esophageal cancer. We will maximize your settlement at Sokolove Law and ensure that you get the compensation you deserve. Contact us to learn more about the case.