FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries caused by their workplace. csx railroad lawsuit with experience in cancer could assist you in seeking damages for both economic losses and non-economic ones.
You must make a claim under FELA within three years from the time you are diagnosed and are aware that your health issue is connected to your railroad employment. An attorney can help determine the date at which this timeframe begins to begin.
How do railroad workers file cancer claims?
Railroad workers who are diagnosed with cancer that could be related to their exposure on the job may be qualified to claim compensation. This is usually done via what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employer for damages. These could include medical costs or lost wages, as well as other expenses.
One important consideration when it is a railroad cancer lawsuit is the fact that symptoms of certain cancers can be inactive for years or even decades. Some sufferers may find it difficult to link their diagnosis with their work on the railroad. This is why it's crucial to speak with an experienced FELA lawyer as soon as possible after the diagnosis of cancer.
An experienced FELA attorney can evaluate the situation and assist workers determine whether they have an argument for an FELA lawsuit. In the majority of cases, the worker has to file a lawsuit within three years after being diagnosed with cancer. They must also be aware or have a reason to believe that their railroad work led to 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 metamorphosed to his colon and esophagus. The widow claimed that her husband was exposed to asbestos-containing products when working for CSX and that the railroad failed to employ the appropriate safety measures to protect him from harm.
What are the main causes of esophageal cancer in the railroad industry?
Since railroads were the primary mode of transport for passengers prior to airplanes becoming widely used, those working on trains came into contact with many chemicals that can cause cancer. Whether they were building railroads, maintaining or operating the trains or working in a shop, numerous railroad workers were exposed carcinogens that could cause cancer on a regular basis. This includes diesel fumes, solvents and asbestos.
Research has shown that those who work on railroads may be more likely to be diagnosed with a variety of different kinds of cancer than people working in other occupations. An attorney for railroad injuries could help a former rail worker establish that their cancer was caused by workplace exposure to toxic chemicals and chemicals.
In cases that involve cancers that affect the upper two-thirds esophagus, the most common histologic kind of tumor is squamous-cell carcinoma. The lower third of the esophagus can be more frequently affected by Adenocarcinoma. Other risk factors caused by exposure to chemicals or toxins at work include smoking, reflux, and achalasia.
A widow alleged that CSX Railroad exposed their husband to a number toxic substances during his work that led to his stomach cancer death. However, the Court granted Defendant's Motion for Summary Judgment and dismissed all claims.
How do railroad employees file a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer from illness or injuries due to working conditions. The FELA enables workers to claim compensation for traumatic injuries and aggravations to pre-existing conditions and occupational diseases like cancer. A railroad esophageal carcinoma lawyer can review your case and explain the law's application to your particular situation.
Railroad cases must be filed before federal court. This is different from a standard workplace accident lawsuit filed in state workers' compensation courts or state industrial court. The reason is that FELA which is a federal law that establishes the standard for all worker's compensation laws on maritime and land law in the United States, is the foundation of railroad cases.
It is important to be aware that you have a short amount of time to start a FELA lawsuit. A suit must be brought within three years of the date you were diagnosed with the disease and you should have known that it was related to work. A lawyer with experience in FELA can assist you in determining the beginning of that three-year period.
In a recent case a 62-year-old railroad employee was awarded $500 in damages for pain and suffering due to esophageal tumors. The plaintiff claimed that his exposure to diesel fumes and asbestos - - both of which he was aware of prior to his diagnosis - caused his cancer.
How Much Damages Could I Receive in a Railroad Esophageal Cancer Case?
Railroad workers who develop cancer of the esophagus due to their work can be entitled to compensation for medical expenses, lost earnings and discomfort. These are referred to as economic damages and may be awarded in a lawsuit against railroads for cancer. Non-economic damages, such as emotional distress, are available in many cases.
Railroad injury attorneys may use experts to establish a link between an employer's negligence and the worker's esophageal tumor or other diseases. An employee who was employed at a train repair facility might have been exposed to solvents such as paint and degreasing chemicals that can cause esophageal carcinoma. In some instances the military experience 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 drinking water at Camp Lejeune that led to veterans' esophageal cancer. There are a myriad of other factors that affect the amount a plaintiff can be awarded in their railroad accident case, including how they stayed at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will work to maximize your compensation and get you the justice you deserve. Contact us today for more about your case.