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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses caused by their workplaces. railroad class action lawsuit can help you seek compensation for both economic as well as non-economic losses.
Under FELA You must submit your claim within three years of learning about your condition and knowing your condition was due to your railroad work. An attorney can assist you determine the date at which this timeframe begins to run.
How railroad workers file cancer claims?
Patients diagnosed with cancer, which could be linked to their work environment might be able to file a claim. This is usually done through what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages. These could include medical expenses, lost wages, and other expenses.
One of the main considerations when it comes to a railroad cancer lawsuit is that symptoms of some cancers can remain undiscovered for years, or even decades. This makes it challenging for some patients to connect their diagnosis with their involvement in the railroad. This is why it is essential to consult an experienced FELA lawyer immediately following a cancer diagnosis.
A seasoned FELA attorney can assess the situation and assist workers determine whether they have an opportunity to bring a FELA lawsuit. In most instances, a worker has to present a suit within three years after being diagnosed with cancer and knowing or having reason to know that the cancer was caused by their work on the railroad.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death her husband Marvin Frieson. He died from stomach cancer that had spread to his colon and esophagus. The widow alleged that her husband's death was caused by being exposed to asbestos-containing material while working for CSX and that the railroad failed to use the proper safety precautions to protect him.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Since railroads were the primary mode of transport for passengers prior to the time that airplanes became well-known, railroad workers were exposed to a variety of chemicals that can cause cancer. Railroad workers were frequently exposed to carcinogens as they worked on the railways, running or maintaining them, or in shops. This includes diesel fumes asbestos and solvents.
Research has shown that those who work on railroads may be more susceptible to developing a variety of different types of cancer than those who work in other occupations. In this regard, a skilled railroad cancer lawyer can help an ex-railroad worker establish that the cancer was caused by work-related exposure to toxic chemicals and chemical substances.
Squamous cell cancer is the most frequent kind of tumor that occurs when it comes to cancers that affect the upper two-thirds of the esophagus. Adenocarcinoma occurs more frequently in the lower third. Other risks for esophageal tumors that result from work-related exposure to chemicals and toxins include smoking cigarettes, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a number of toxic substances while at the job, which caused his death due to stomach cancer. The Court, however, granted the defendant's Motion for Summary Judgment. All claims were dismissed.
How Do Railroad Workers File a Claim for Compensation Under FELA?
The Federal Employers Liability Act allows railroad workers to sue their employers when they suffer injuries or get sick due to working conditions. The FELA allows workers to seek compensation if they suffer injuries that are traumatic, 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 must be filed before federal court. This is different from a standard workplace accident lawsuit filed with the state workers'' compensation court or state industrial court. The reason is because FELA the federal statute that establishes the standard for all worker's compensation laws on maritime and land laws across the United States, is the basis for the railroad cases.
You have a limited time to make a FELA suit. A lawsuit must be filed within three years from the date you were diagnosed with the illness and must have been aware that it was related to work. An attorney who has experience in FELA could help you determine when the three-year period will begin to begin.
In a recent case, a 62-year-old railroad worker was awarded damages of $500 for pain and suffering due to his esophageal cancer. The plaintiff claimed that his exposure to asbestos and diesel fumes which he was aware of at the time of diagnosis - was the reason he developed cancer.
How much will I be able to receive in damages from a railroad esophageal cancer case?
Railroad employees who suffer from esophageal cancer due to their jobs may be entitled to compensation for medical expenses, loss of earnings, and suffering and pain. In a railroad cancer case this is known as economic damages. Non-economic damages, such as emotional distress, are also available in many cases.
Expert witnesses could be used by railroad injury lawyers to establish the link between the negligence of an employer and esophageal, or other diseases. An employee who was employed at an repair facility for trains could be exposed to solvents like paint and degreasing substances that can lead to Esophageal cancer. In some instances there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one instance our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds found in drinking water at Camp Lejeune that led to the development of esophageal cancer among veterans. However, there are numerous other factors that could affect the amount a plaintiff receives in their railroad injury lawsuit, including how much time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your compensation with Sokolove Law and ensure that you receive the justice you deserve. Contact us today for more about your case.