FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries that result from their work. A FELA lawyer for cancer can help you obtain damages for both economic losses and non-economic ones.
You must make a claim under FELA within three years from the time you discover that you have a diagnosis and are aware that your condition is related to your railroad work. An attorney can help you in determining when the claim period starts to run.
How Do Railroad Workers Claim Cancer Claims?
Railroad workers who are diagnosed with cancer that may be due to exposure to the workplace may be qualified to file a claim for compensation. This is typically done through what is called a FELA (Federal Employers Liability Act) claim. The law permits employees who have been injured on the job to pursue their employers for damages that pay for medical expenses, lost wages and other expenses.
A key aspect to take into consideration when it is about a railroad cancer lawsuit is that symptoms of certain cancers could go dormant for years or even decades. Some sufferers may find it difficult to link their diagnosis to their work on the railroad. It is crucial to speak with a FELA lawyer with experience immediately you are diagnosed with cancer.
A FELA attorney with years of experience can analyze the situation and determine whether workers are eligible to submit a FELA suit. In the majority of cases, the person filing a lawsuit must do so within three years after being diagnosed with cancer. They must also know or have reason to believe that their railroad work caused the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death of her husband Marvin Frieson. He died from stomach cancer, which had spread to his colon and esophagus. The widow claimed that her late husband had been exposed to asbestos-containing material while working for CSX, and that the railroad failed to take appropriate safety precautions to protect him from getting injured.
What are the common causes of esophageal cancer in the railroad industry?
Because railroads were a crucial mode of transportation for passengers before airplanes were popular, people on trains frequently came into contact with a wide range of chemicals that could cause cancer. Many railroad workers were regularly exposed to carcinogens while they were working on railways, working on or maintaining them, or in shops. They were exposed to asbestos, diesel fumes and solvents.
Research has proven that those who work for railroads could be more susceptible to developing a variety of different kinds of cancer than people who work in other occupations. This is why a skilled railroad cancer lawyer can help an ex-railroad worker establish that their cancer was caused by exposure to toxins in the workplace as well as chemical substances.
Squamous cell cancer is the most prevalent type of tumor when it comes to cancers that affect the upper two-thirds of the esophagus. Adenocarcinoma is more common in the lower third. Other risks for esophageal tumors that are caused by occupational exposure to chemicals and toxins include smoking, reflux and achalasia.
A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances while at the job, which caused his death from stomach cancer. However the Court granted the Defendant's Motion for Summary Judgment and dismissed all claims.
How do railroad employees 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 their work environment. The FELA allows workers to seek compensation if they suffer from injuries that are severe, aggravate pre-existing conditions or occupational diseases, such as cancer. A lawyer for railroad esophageal cancer will review your case and explain the law's relevance to your specific situation.
Railroad cases have to be filed in federal court. This differs from a typical workplace accident lawsuit that is filed with the state workers' compensation court or the state industrial court. This is due to the fact that FELA is a federal statute, and it sets the tone for all other land-based worker's insurance laws and maritime law in the United States.
It is important to be aware that you only have a short amount of time to bring a FELA lawsuit. A lawsuit must be filed within three years from the date you were diagnosed with your illness and should have known that it was a work-related issue. An experienced lawyer in FELA can help you determine the start of that three-year period.
In one recent case, a railroad worker aged 62 was awarded $500 in damages for suffering and pain due to esophageal carcinoma. The plaintiff claimed his exposure to asbestos and diesel fumes - which he knew about at the time of diagnosis was what caused his cancer.
How Much Damages Can I Recover in a Train Esophageal Cancer Case?
Railroad workers who suffer from Esophageal cancer as a result of their work may be entitled to compensation for medical expenses, lost earnings and suffering. These are known as economic damages, and they may be awarded in a railroad cancer lawsuit. Non-economic damages, like emotional distress, are also offered in a variety of cases.
Expert witnesses may be utilized by railroad injury attorneys to establish the connection between negligence on the part of an employer and esophageal, or other diseases. A former employee of an repair facility for trains could have been exposed by solvents, such as paint and degreasing agents that can cause cancer of the esophageal lining. In some cases there is a possibility that military service at Camp Lejeune could have predisposed to develop esophageal carcinoma.
In one case in which our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds in the drinking water at Camp Lejeune that led to veterans' esophageal cancer. There are a variety of other factors that impact the amount a plaintiff will receive in a railroad-related injury case, including how long they stayed at Camp Lejeune, and how they are suffering from the cancer. At blacklands railroad lawsuit , we will work to maximize your compensation and get you the justice you deserve. Contact us to find out more about the case.