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10 Things Your Competitors Can Inform You About Railroad Lawsuit Black Lung Disease
FELA and Railroad Cancer Lawsuits


The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for illnesses and injuries that result from their work environment. A skilled FELA cancer attorney could help you seek compensation for both economic as well as non-economic losses.

You must file a claim for compensation under FELA within three years of the date you discover that you have a diagnosis and realize that your medical condition is related to your employment at a railroad. A lawyer can assist you in determining when this period begins to run.

How Do Railroad Workers File Cancer Claims?

Railroad workers who have been diagnosed with cancers that could be due to exposure to their work might be in a position to claim compensation. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law allows those who have been injured on the job to pursue their employers for damages that pay for medical expenses, lost wages and other expenses.

One of the most important aspects to consider when it concerns a railroad-related cancer lawsuit is that symptoms of certain cancers may remain undiscovered for years, or even decades. Some patients may find it difficult to connect their diagnosis to their work on the railroad. It is crucial to contact a FELA lawyer with experience as soon as you get a cancer diagnosis.

A seasoned FELA attorney will be able to assess the situation and assist workers determine if they have an opportunity to file an 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 know or have evidence to suggest that their railroad work contributed 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 which had metastasized to his colon and esophagus. The widow claimed that her late husband had been exposed asbestos-containing materials while working for CSX and that the railroad failed to take adequate precautions to safeguard him from suffering injuries.

What are the common causes of esophageal cancer that are common in the railroad industry?

Because class action lawsuit against railroads were the principal form of transportation for passengers prior to the time that airplanes became popular, train workers came into contact with a myriad of chemicals that could cause cancer. Railroad workers were frequently exposed to carcinogens during their time worked on the railways, operating or maintaining them, or in their shops. They were exposed to asbestos, diesel fumes and solvents.

People who work in the railroad industry are more susceptible to cancer than people working in other professions. Because of this, a knowledgeable railroad cancer injury lawyer can help an ex-railroad worker establish that his or her cancer was the result of a workplace exposure to toxins and chemical substances.

Squamous cell cancer is the most common kind of tumor that occurs in cases of cancers that affect the upper two-thirds of the esophagus. Adenocarcinoma is more common in the lower third. Other risk factors that are caused by exposure to toxins or chemicals 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 while at his job and that this led to his death from stomach cancer. However the Court granted Defendant's Motion for Summary Judgment and dismissed all claims.

How do Railroad Workers File a Claim for Compensation under FELA?

The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers for injuries and illnesses that happen due to their work environment. The FELA permits workers to claim compensation for injuries sustained in traumatic accidents and aggravations to pre-existing conditions and occupational diseases like cancer. An experienced railroad esophageal carcinoma lawyer can review your case and explain how the law applies to your particular situation.

Railroad cases must be filed before federal court. This differs from a typical workplace accident lawsuit filed with the state workers'' compensation court or state industrial court. The reason for this is because FELA, a federal statute which sets the standard for all worker's compensation laws on maritime and land laws across the United States, is the basis of the railroad cases.

It is important to remember that you have a short amount of time to file a FELA lawsuit. A lawsuit must be filed within three years from the time you were diagnosed with the disease and you should have known that it was work-related. An attorney who has expertise in FELA will be able to help you determine when the three-year time frame begins to run.

In a recent instance, a 62 year old railroad worker was awarded damages of $500 for pain and suffering due to his esophageal cancer. The plaintiff claimed that his exposure to diesel fumes and asbestos that he was aware of at the time of diagnosis - was the reason for his cancer.

What Damages Can I Receive in a Railroad Esophageal Cancer Case?

Railroad workers who develop cancer of the esophagus due to their work may be entitled to compensation for medical expenses, lost earnings and suffering. These are called economic damages, and they may be awarded in a lawsuit for railroad cancer. In many cases other damages, such as emotional distress can also be awarded.

Railroad injury lawyers could employ expert witnesses to establish a link between the negligence of an employer and the worker's esophageal cancer or another disease. A former employee of the train repair facility could have been exposed by solvents such as paint or degreasing agents which can cause Esophageal cancer. In certain instances an individual's military service at Camp Lejeune may have predisposed to develop esophageal cancer.

In one instance, our client was awarded $6.1 Billion as part of a settlement in a class action for 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 a myriad of other factors that can affect the amount of money a plaintiff gets in their railroad injury claim, including the length of time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your payout at Sokolove Law and ensure that you get the compensation you deserve. Contact us to learn more about the case.

Homepage: https://sites.google.com/view/railroadcancersettlements