FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses that result from their work environment. A FELA cancer lawyer could help you seek damages for both economic losses and non-economic ones.
You must submit a claim under FELA within three years after the time you find out about your diagnosis and realize that your medical condition is related to your railroad employment. An attorney can assist you determine the date at which this timeframe begins to begin.
How Do Railroad Workers Claim Cancer Claims?
Workers diagnosed with cancer, which could be caused by the work environment are able to make a claim. This is usually done through what is called a FELA (Federal Employers Liability Act) claim. The law permits those who have been injured on the job to sue their employers for damages which cover medical costs as well as lost wages and other expenses.
A key aspect to take into consideration when it comes to a railroad cancer lawsuit is the fact that symptoms of certain cancers can go dormant 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’s so important to contact an experienced FELA lawyer as soon as you can after an announcement of cancer.
A FELA attorney with years of experience can evaluate the situation and determine whether a worker is eligible to submit a FELA suit. In the majority of cases, an employee must file a lawsuit within three years of being diagnosed with cancer and having a reason to know that the cancer was caused by their work in the railroad industry.
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 metastasized to his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing substances while working for csx railroad lawsuit and that the railroad failed to take sufficient safety precautions to prevent him from being injured.
What are the main causes of esophageal cancer in the railroad industry?
Because railroads were the principal form of transportation for passengers prior to the time that airplanes became popularized, workers on trains came into contact with a myriad of chemicals that can cause cancer. Railroad workers were frequently exposed to carcinogens when they were working on the railways, running or maintaining them, or in the shops. These include diesel fumes, solvents and asbestos.
Studies have revealed that people who work for railroad class action Lawsuit railroads could be more likely to develop a variety of different types of cancer than those who work in other professions. A lawyer for railroad-related cancer can help a former rail worker prove that their cancer was caused by work exposure to chemicals and toxins.
In cases that involve cancers that affect the upper two-thirds of the esophagus, the most common histologic kind of tumor is squamous cell carcinoma. Adenocarcinoma is more prevalent in the lower one-third. Other risks for esophageal tumors that result from work-related exposures to toxins and chemicals include reflux, tobacco-smoking, and achalasia.
A widow claimed that CSX railroad class action lawsuit (Find Out More) exposed their husband to a number toxic substances during his work, which led to the death of his stomach cancer. However the Court granted the motion of the defendant for Summary Judgment and dismissed all claims.
How do railroad workers cancer lawsuit Workers File a Claim for Compensation under FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers over illnesses and injuries that occur due to working conditions. The FELA permits workers to claim compensation for injuries sustained in traumatic accidents as well as aggravations caused by pre-existing health conditions and occupational diseases such as cancer. A lawyer for railroad esophageal cancer can evaluate your case and explain how the law applies to your specific situation.
Contrary to a typical workplace injury lawsuit that is filed in state workers compensation or a state industrial court railroad cases need to be filed in federal court. This is because FELA is a federal law, and it sets the foundation for all other land-based worker’s insurance laws and maritime law in the United States.
You have a time limit to bring a FELA suit. A suit must be brought within three years from the time you were diagnosed with the illness and must have been aware that it was a work-related issue. A lawyer with experience in FELA can assist you in determining the beginning of that three-year period.
In a recent case an employee of a railroad aged 62 was awarded damages of $500 for pain and suffering related to esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes as well as asbestos – – both of which he was aware of prior to his diagnosis – caused his cancer.
What amount can I expect in damages for an esophageal tumor case that was uncovered on the railroad?
Railroad employees who suffer from esophageal cancer due to their jobs may be entitled to compensation for medical expenses, loss of earnings, and suffering. These are known as economic damages, and they can be awarded in a railroad cancer lawsuit. Non-economic damages, for instance emotional distress, are also offered in a variety of cases.
Railroad injury attorneys can use experts to establish a connection between the negligence of an employer and the worker’s esophageal or other illness. For Railroad Class Action lawsuit instance, a former worker at a repair shop for trains might have been exposed to solvents like paint and degreasing chemical that could pose a risk for cancer of the esophageal tract. In some instances military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one case our client was awarded $6.1 Billion as part of a class action lawsuit against railroads-action settlement for the exposure to volatile organic compound in the drinking water at Camp Lejeune which led to the development of esophageal carcinoma in some veterans. There are many other factors that affect the amount of money the plaintiff is awarded in their railroad injury lawsuit, for example, how long they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your settlement at Sokolove Law and ensure that you receive the justice you deserve. Contact us today to learn more about your case.