FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries resulting from their work. A FELA lawyer for cancer can help you seek damages for both economic losses and non-economic ones.
You must file a claim under FELA within three years of the date you learn about your diagnosis and realize that your health issue is connected to your employment at a railroad. An attorney can assist in determining when this timeframe begins to begin.
How railroad workers file cancer claims?
Railroad workers diagnosed with cancer that could be due to exposure to the workplace may be qualified to file a claim for compensation. Bladder cancer lawsuit is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages. This could include medical expenses as well as lost wages and other expenses.
When it is time to file a lawsuit against railroad cancer, it's important to keep in mind that certain cancers are not spotted for many years or even decades. This makes it challenging for some patients to link their diagnosis to their involvement in the railroad. It is essential to contact a FELA lawyer experienced in the event that you get a cancer diagnosis.
A FELA attorney with experience will be able evaluate the situation and determine whether workers are eligible to bring a FELA suit. In the majority of cases, an employee must present a suit within three years of being diagnosed with cancer and having reason to believe that the cancer was due to their railroad work.
At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who passed away from stomach cancer which had spread to his esophagus and colon. The widow claimed that her late husband had been exposed to asbestos-containing materials while working for CSX and that the railroad was unable to take the proper precautions to safeguard him from being injured.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
As railroads were the primary form of passenger transportation before aircrafts became popular, those working on trains often came in contact with a variety of chemicals that could cause cancer. Numerous railroad workers were exposed to carcinogens during their time worked on the railways, running or maintaining them, or in the shops. This includes diesel fumes, solvents and asbestos.
People who work in railroad industry are more susceptible to cancer than those who work in other professions. Because of this, an experienced railroad cancer lawyer can help an ex-railroad worker establish that the cancer was the result of a exposure to toxins in the workplace as well as chemical substances.
Squamous cell cancer is the most common type of tumor when it comes to cancers that affect the upper two thirds of the esophagus. The lower one-third of the esophagus are more often affected by Adenocarcinoma. Other risk factors that are 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 her husband to a number of toxic substances during his job, and that this resulted in his death from stomach cancer. However the Court granted the Defendant's Motion for Summary Judgment and dismissed all claims.
How do Railroad Workers File a Claim for Compensation under FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers for injuries and illnesses that arise due to work-related conditions. The FELA allows workers to claim compensation if they suffer traumatic injuries, or worsen pre-existing conditions, or occupational illnesses such as cancer. An experienced railroad esophageal carcinoma lawyer can review your case and explain how the law applies to your particular situation.
Railroad cases have to be filed in federal court. Leukemia lawsuit is different from a standard workplace injury lawsuit filed with state workers' compensation courts or a state industrial court. This is because FELA is a federal statute that establishes the legal framework for all land-based worker's compensation laws and maritime law in the United States.
You have a short time to file a FELA suit. You must make a claim within three years from the date that you were diagnosed and have known that it was a health issue that was caused by work. A lawyer with experience in FELA can assist you in determining the beginning of that three-year period.
In one recent case, a 62-year-old railroad employee was awarded damages of $500 in compensation for pain and suffering relating to esophageal carcinoma. cancer lawsuits claimed exposure to diesel fumes as well as asbestos and asbestos - both of which he was aware of at the time of his diagnosis - caused his cancer.
How much will I be able to receive in damages for an esophageal tumor case that was uncovered on the railroad?
Railroad workers who contract esophageal cancer due to their work may be entitled to compensation for medical expenses, lost earnings and pain. These are called economic damages, and they can be awarded in a lawsuit against railroads for cancer. In many instances there are also non-economic damages, like emotional distress are also available.
Expert witnesses may be utilized by railroad injury attorneys to establish a link between negligence on the part of an employer and esophageal or other diseases. An employee who was employed at an establishment for train repair could be exposed to solvents, such as paint and degreasing substances that can lead to cancer of the esophageal tract. In some cases, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal tumors.
In one case our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the exposure to volatile organic compounds in the drinking water in Camp Lejeune which led to veterans developing esophageal carcinoma. There are many other factors that determine the amount that a plaintiff will receive in their railroad injury case, including how long they were at Camp Lejeune, and how they are suffering from the cancer. We will maximize your payout at Sokolove Law and ensure that you receive the justice you deserve. Contact us today for more about your case.