FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries resulting from their job. An experienced FELA cancer attorney could help you seek compensation for both economic as well as non-economic losses.
You must submit a claim under FELA within three years of the date you are diagnosed and realize that your condition is related to your employment at a railroad. A lawyer can assist you in determining when the claim period begins to begin.
How Do Railroad Workers Claim Cancer Claims?
Railroad workers who are diagnosed with cancer that may be related to their exposure to work may be eligible to claim compensation. This is usually done via what is known as a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employers to recover damages, which could include medical expenses, lost wages, and other expenses.
When it is time to file a lawsuit against railroad cancer, it is important to remember that some cancers may go unnoticed for years or decades. This makes it difficult for some patients to link their diagnosis with their involvement in the railroad. It is essential to contact an FELA lawyer who has experience as soon as you get a cancer diagnosis.
A FELA attorney who has experience will be able to evaluate the situation and determine whether a worker is eligible to submit a FELA suit. In most cases, a plaintiff must file a lawsuit within three years after being diagnosed with cancer. They must also know or have evidence to suggest that their railroad work caused the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death her husband Marvin Frieson. He died from stomach cancer which was spreading to his esophagus and colon. The widow claimed that her husband was exposed to asbestos-containing material while working for CSX and that the railroad had failed to take sufficient precautions to safeguard him from getting injured.
What Are cancer lawsuit of Esophageal Cancer in the Railroad Industry?
As railroads were the primary mode of transportation for passengers prior to the time that aircrafts became popular, those working on trains often came into contact with a wide range of chemicals that could cause cancer. It didn't matter if they were building railways, maintaining or operating trains, or working in a workshop, many railroad workers were exposed to dangerous carcinogens on a regular basis. This includes diesel fumes, asbestos and solvents.
People who work in the railroad industry are more likely to develop cancer than those working in other occupations. A lawyer for railroad-related cancer could help a former rail worker prove that their cancer was caused by workplace exposure to chemicals and toxins.
In cases involving cancers that affect the upper two-thirds of esophagus, the most common histologic form of tumor is squamous cells carcinoma. Adenocarcinoma is more prevalent in the lower one-third. Bladder cancer lawsuit 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 range of toxic substances during the job, which led to his death from 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 (FELA) allows railroad workers to file lawsuits against their employers over illnesses and injuries that occur due to their work environment. The FELA allows workers to seek compensation if they suffer from injuries that are severe, aggravate pre-existing conditions or occupational diseases like cancer. An experienced railroad esophageal esophagus cancer lawyer can review your case and explain how the law will apply to your specific situation.
In contrast to a typical workplace injury lawsuit filed in state workers compensation or state industrial court railroad cases have to be filed in federal court. The reason for this is because FELA is a federal statute that establishes the standards for all worker's compensation laws in land and maritime law throughout the United States, is the foundation of railroad cases.
You have a short time to make a FELA suit. You must file a lawsuit within three years of the date you were diagnosed and have known that it was a workplace-related illness. A lawyer who has experience in FELA can assist you in determining the date of the three-year period.
In cancer lawsuit , an employee of the railroad who was 62 years old was awarded $500 in damages in compensation for pain and suffering relating to esophageal carcinoma. The plaintiff claimed exposure to diesel fumes as well as asbestos and asbestos - both of which he was aware of at the time of his diagnosis - triggered his cancer.
How Much Damages Could I Receive in a Railroad Esophageal Cancer Case?
Railroad employees who suffer from esophageal cancer due to their jobs may be entitled to compensation for medical expenses as well as loss of earnings as well as suffering and pain. These are called economic damages and can be awarded in a lawsuit for railroad cancer. Non-economic damages, for instance emotional distress, are available in many cases.
Expert witnesses can be used by railroad injury attorneys to establish the link between negligence on the part of an employer and esophageal or other illnesses. A former employee of the train repair facility could have been exposed by solvents such as paint and degreasing substances that can lead to cancer of the esophageal lining. In some instances the military experience of a veteran at Camp Lejeune may have predisposed them to developing esophageal cancer.
In one instance our client was awarded $6.1 Billion as part of a class-action settlement for the exposure to volatile organic compounds in the drinking water at Camp Lejeune which led to people suffering from esophageal cancer. But there are many other factors that could affect the amount a plaintiff receives in their railroad injury claim including the length of time they spent at Camp Lejeune and how severe their esophageal cancer. We will maximize your compensation with Sokolove Law and ensure that you get the compensation you deserve. Contact us today to find out more about your case.