FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illnesses or injuries resulting from their job. A FELA lawyer for cancer can assist you in seeking damages for both economic and non-economic ones.
You must make a claim under FELA within three years after you discover that you have a diagnosis and are aware that your illness is linked to your employment at a railroad. An attorney can help determine the date at which this timeframe begins to begin.
How Do Railroad Workers File Cancer Claims?
Railroad workers diagnosed with cancers that could be due to their exposure to work may be able to file a claim for compensation. This is usually done by filing an FELA claim (Federal Employers Liability Act). The law allows employees who have been injured while working to pursue their employers for damages that cover medical expenses, lost wages and other expenses.
When it is time to file a suit for railroad cancer, it is important to remember that some cancers can go unnoticed for years or even decades. This makes it difficult for some patients to connect their diagnosis to their involvement in the railroad. This is why it's so important to contact an experienced FELA lawyer immediately following an announcement of cancer.
A seasoned FELA attorney can assess the situation and assist workers determine if they are in an opportunity to file a FELA lawsuit. In most instances, a worker has to file a lawsuit within three years after being diagnosed with cancer and knowing or having the reason to know that the cancer was caused by 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 metamorphosed to his colon and esophagus. The widow alleged that her late husband was exposed to asbestos-containing products when working for CSX and that the railroad did not make the necessary safety precautions to safeguard him.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the main form of transportation for passengers before airplanes became popular, train workers came into contact with numerous chemicals that could cause cancer. Many railroad workers were regularly exposed to carcinogens as they worked on the railroads, maintaining or operating them, or working in shops. These include diesel fumes, solvents and asbestos.
Research has shown that those who work for railroads could be more likely to develop a range of different forms of cancer than those who work in other fields. A lawyer who specializes in railroad cancer could help a former rail worker establish that their cancer was caused by their work exposure to toxic chemicals and chemicals.
In cases involving cancers that affect the upper two-thirds esophagus, the most common histologic form of tumor is squamous-cell carcinoma. The lower one-third of the esophagus is more often affected by cancer called adenocarcinoma. Other risk factors caused by exposure to chemicals or toxins at work 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 due to stomach cancer. However, the Court granted Defendant's Motion for Summary Judgment and dismissed all claims.
How do union pacific railroad lawsuit file a claim for compensation under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers for injuries and illnesses that happen because of work conditions. The FELA allows workers to seek compensation for injuries sustained in traumatic accidents as well as aggravations caused by pre-existing health conditions and occupational illnesses such as cancer. A lawyer who is a railroad esophageal tumor can review your case and explain the law's application to your particular situation.
Railroad cases must be filed in federal court. This differs from a typical workplace accident lawsuit that is filed with state workers' compensation court or the state industrial court. The reason is because FELA which is a federal law which sets the standard for all worker's compensation laws in maritime and land law across the United States, is the basis of the railroad cases.
You have a limited time to submit a FELA suit. You must make a claim within three years from the date that you were diagnosed and should have known that it was a health issue that was caused by work. An experienced lawyer in FELA can assist you in determining the date of the three-year period.
In a recent court case, an 62 year old railroad worker was awarded damages of $500 for pain and suffering related to his esophageal tumor. The plaintiff claimed that exposure to diesel fumes and asbestos - both of which he had knowledge of at the time of his diagnosis - caused his cancer.
What Damages Can I Receive in a Railroad Esophageal Cancer Case?
Railroad employees who suffer from esophageal cancer due to their work may be entitled to compensation for medical expenses, loss of earnings, and suffering and pain. These are referred to as economic damages and may be awarded in a lawsuit against railroads for cancer. In many cases other damages, such as emotional distress are also awarded.
Railroad injury attorneys may use experts to establish a connection between negligence by an employer and the worker's esophageal or other illness. A former employee of the train repair facility could have been exposed by solvents such as paint and degreasing agents which can cause cancer of the esophageal tract. In some instances the military experience of a veteran at Camp Lejeune may have predisposed them to developing esophageal cancer.
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 compound in the drinking water in Camp Lejeune which led to the development of esophageal carcinoma in some veterans. However, there are numerous other factors that could affect the amount of money a plaintiff gets in their railroad injury lawsuit, including the length of time they spent at Camp Lejeune and how severe their esophageal cancer is. At Sokolove Law, we will strive to maximize your amount of compensation and get you the justice you deserve. Contact us today to find out more about your case.