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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries caused by their work environments. A FELA lawyer for cancer can assist you in obtaining damages for both economic losses as well as non-economic ones.
You must file a claim under FELA within three years from the time you discover that you have a diagnosis and realize that your medical condition is related to your Railroad Cancer Lawsuit Settlements work. An attorney can assist in determining when this timeframe begins to run.
How do railroad workers file claims for cancer?
Workers diagnosed with cancer, which could be due to their work environment are able to file a claim. This is usually done through what is known as a FELA (Federal Employers Liability Act) claim. The law allows employees who have been injured on the job to sue their employers for damages that cover medical expenses loss of wages, medical expenses and other expenses.
One important consideration when it is a railroad cancer lawsuit is that the symptoms of certain cancers can be buried for years, even decades. Some patients may find it difficult to link their diagnosis to their railroad work. It is essential to contact an FELA lawyer who has experience as soon as you get a cancer diagnosis.
A seasoned FELA attorney can evaluate the situation and assist workers determine if they have an opportunity to bring a FELA lawsuit. In the majority of cases, a worker has to file a lawsuit within three years of being diagnosed with cancer. They must also be aware or have reason to believe that their work on railroads 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 passed away from stomach cancer that had metastasized to his colon and esophagus. The widow alleged that her husband had been exposed to asbestos-containing material while working for CSX and that the railroad did not use the proper safety precautions to protect him.
What are the main causes of esophageal cancer within the railroad industry?
As railroads were the primary method of transporting passengers prior to when airplanes became popular, workers on trains often came into contact with a variety of chemicals that could cause cancer. It didn’t matter if they were building railways, operating or maintaining trains, or working in a shop, a lot of railroad workers were exposed to carcinogens with a high risk of causing cancer on a daily basis. These include diesel fumes asbestos and solvents.
Studies have revealed that people who work on railroads may be more likely to be diagnosed with a variety of different forms of cancer than people working in other occupations. A lawyer for railroad-related cancer can assist a former rail worker establish that their cancer was caused by workplace exposure to toxic chemicals and chemicals.
Squamous cell cancer is the most frequent type of cancer 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 is caused by work-related exposures to toxins and chemicals include smoking tobacco, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances while at his job. She claimed that this caused his death due to stomach cancer. However the Court granted the motion of the defendant for Summary Judgment and dismissed all claims.
How do railroad cancer lawsuit Workers File a Claim for Compensation Under FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers when they suffer from injuries or illness from working conditions. The FELA allows workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. An experienced railroad esophageal cancer lawyer will review your case and explain how the law is applicable to your situation.
blacklands railroad lawsuit cases must be filed before federal court. This is different from a standard workplace accident lawsuit that is filed with state workers’ compensation court or a state industrial court. This is due to the fact that FELA is a federal statute, and it establishes the legal framework for all worker’s compensation laws based on land. laws and maritime law in the United States.
It is crucial to remember that you have a short period of time to file a FELA lawsuit. You must make a claim within three years of the date you were diagnosed and have known that it was a work-related health issue. An attorney who has expertise in FELA will be able to help you determine when the three-year period will begin to run.
In a recent case a 62 year old railroad worker was awarded damages of $500 for pain and suffering due to his esophageal carcinoma. The plaintiff argued that exposure to asbestos and diesel fumes that he was aware of at the time of his diagnosis – was what caused his cancer.
What Damages Can I Expect to Receive in a Railroad Esophageal Cancer Case?
Railroad employees who suffer from esophageal cancer caused by their work can be entitled to compensation for their medical expenses or loss of earnings as well as suffering and pain. These are known as economic damages, and they may be awarded in a lawsuit against railroads for cancer. In many instances non-economic damages like emotional distress are also possible.
Expert witnesses can be utilized by railroad injury attorneys to establish the link between negligence on the part of an employer and esophageal or other illnesses. For instance, a former worker at a train repair shop might have been exposed to solvents, payout such as paint and degreasing substances that can have a high risk of causing cancer of the esophageal tract. In certain instances the military service of a veteran at Camp Lejeune may have predisposed to develop esophageal tumors.
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 veterans’ esophageal cancer. There are many other factors that determine the amount of compensation a plaintiff will receive in a railroad injury claim, such as how long they were at Camp Lejeune, and how severe their cancer is. We will maximize your payout at Sokolove Law and ensure that you get the justice that you deserve. Contact us today for more about your case.