FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries caused by their workplaces. A FELA lawyer for cancer can help you seek damages for both economic losses and non-economic ones.
cancer lawsuits must make a claim under FELA within three years from the time the time you find out about your diagnosis and know that your illness is linked to your railroad employment. A lawyer can help you determine when this time frame begins to begin.
How Do Railroad Workers Claim Cancer Claims?
Patients diagnosed with cancer, that could be related to their work environment, may be eligible to make an insurance claim. This is usually done by filing an FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employers to recover damages, which could include medical expenses or lost wages, as well as other costs.
When it comes to a lawsuit for railroad cancer, it is crucial to be aware that some cancers may go unnoticed for years or decades. This makes it difficult for some patients to connect their diagnosis with their involvement in the railroad. This is why it's essential to consult an experienced FELA lawyer immediately following an announcement of cancer.
A FELA attorney with experience can assess the situation and determine if workers have a case to bring a FELA suit. In the majority of cases, the worker must file a lawsuit within three years of being diagnosed with cancer. They must also be aware or have evidence that their work in the railroad industry led to the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death of her husband Marvin Frieson. He died from stomach cancer, which was spreading to his colon and esophagus. The widow claimed that her husband had been exposed to asbestos-containing materials while working for CSX and that the railroad had failed to take adequate safety measures to protect his injuries.
What are the most frequent causes of cancer of the esophagus in the railroad industry?
As railroads were the primary mode of transportation for passengers before airplanes became popular, workers on trains often came in contact with a range of chemicals that could cause cancer. Many railroad workers were regularly exposed to carcinogens during their time were working on railways, operating or maintaining them, or working in shops. This includes diesel fumes, solvents and asbestos.
Research has shown that those working on railroads could be more likely to be diagnosed with a variety of different types of cancer than those who work in other professions. A railroad cancer injury attorney could assist a former railroad worker establish that their cancer was caused by workplace exposure to toxic chemicals and chemicals.
Squamous cell cancer is the most common type of tumor when it comes to cancers that affect the upper two-thirds of the esophagus. Adenocarcinoma tends to be more prevalent in the lower one-third. Other risk factors caused by exposure to chemicals or toxins at work include smoking, reflux, and achalasia.
Leukemia lawsuit claimed CSX Railroad exposed their husband to a variety of toxic substances during his work which resulted in his stomach cancer dying. However, Leukemia lawsuit granted Defendant's Motion for Summary Judgment and dismissed all claims.
How do railroad workers file a claim for compensation under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers over injuries and illnesses that happen due to work-related conditions. The FELA allows workers to seek compensation for injuries sustained in traumatic accidents as well as aggravations caused by pre-existing health conditions and occupational illnesses such as cancer. An experienced railroad esophageal esophagus cancer lawyer can review your case and explain how the law will apply to your specific situation.
Contrary to a typical workplace injury lawsuit filed in state workers compensation or state industrial court railroad cases require filing in federal court. This is because FELA is a federal law, and it establishes the legal framework for all land-based worker's compensation laws and maritime law in the United States.
There is a limit on the time to bring a FELA suit. You must start a lawsuit within three years from the date you were diagnosed and should have known it was a work-related illness. An attorney with experience in FELA could help you determine when the three-year time frame begins to begin.
In a recent court case, an 62 year old railroad employee was awarded damages of $500 for pain and suffering due to his esophageal cancer. The plaintiff claimed exposure to diesel fumes and asbestos - both of which he had knowledge of at the time of the diagnosis - caused the cancer.
How Much Damages Could I Get in a Railroad Esophageal Cancer Case?
Railroad employees suffering from esophageal cancer caused by their work can be entitled to compensation for medical expenses as well as loss of earnings and suffering and pain. In a railroad cancer case, these are called economic damages. Non-economic damages, such as emotional distress, are available in many cases.
Railroad injury attorneys can use expert witnesses to establish a link between the negligence of an employer and the worker's esophageal cancer or another illness. For union pacific railroad lawsuit who worked in an repair shop for trains could have been exposed to solvents like paint and degreasing substances that can may be a risk to Esophageal cancer. In some cases there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one case our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds found in the drinking water at Camp Lejeune that led to Esophageal cancer of veterans. However, there are union pacific railroad lawsuit that affect the amount a plaintiff gets in their railroad injury lawsuit, including the length of time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your settlement at Sokolove Law and ensure that you get the justice you deserve. Contact us today to learn more about the case.