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A Journey Back In Time: What People Discussed About Railroad Lawsuit Black Lung Disease 20 Years Ago
FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad employees to claim compensation for illnesses or injuries caused by their work. A skilled FELA cancer attorney could help you seek damages for economic as well as non-economic losses.

Under FELA, you must submit your claim within three years of finding out about the diagnosis and knowing that your condition was due to your railroad work. An attorney can help you in determining when the claim period starts to begin.

How do railroad workers file cancer claims?

Railroad workers who are diagnosed with cancer that may be related to their exposure to work may be qualified to file a claim for compensation. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law allows employees who have been injured on the job to pursue their employers for damages which cover medical costs or lost wages as well as other costs.

When it comes to a lawsuit for railroad cancer, it is important to keep in mind that certain cancers can go unnoticed for years or even decades. This makes it difficult for some patients to link their diagnosis with their work on the railroad. It is essential to contact a FELA lawyer with experience as soon as you get a cancer diagnosis.

A FELA attorney with experience will be able assess the situation and determine whether the worker has a legal case to file a FELA suit. In the majority of cases, a worker must file a lawsuit within three years of being diagnosed with cancer. They must also know or have reason to believe that their work on the railroad 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 developed into his colon and esophagus. The widow claimed that her husband's death was caused by being exposed to asbestos-containing substances while working for CSX and that the railroad did not use the proper safety precautions to protect him from harm.

What are the most common causes of Esophageal Cancer in the Railroad Industry?

As railroads were the primary mode of transportation for passengers prior to the time that airplanes became popular, workers on trains frequently came into contact with a variety of chemicals that could cause cancer. Railroad workers were frequently exposed to carcinogens during their time worked on the railroads, maintaining or operating them, or in shops. This includes asbestos, diesel fumes and solvents.

Research has shown that those working on railroads could be more likely to develop a range of different forms of cancer than those who work in other professions. For this reason, an experienced railroad cancer lawyer can assist a former railroad worker prove that his or her cancer was caused by exposure to toxins in the workplace as well as chemical substances.

In cases involving cancers that affect the upper two-thirds esophagus. The most common histologic type of tumor is squamous cell carcinoma. Adenocarcinoma is more common in the lower third. Other risk factors that are caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.

A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances while at his job, and that this caused his death from stomach cancer. The Court did, however, grant the Defendant’s Motion for Summary Judgment. All claims were dismissed.


How do railroad workers file a claim to be compensated under the FELA?

The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers for injuries and illnesses that arise because of work conditions. The FELA enables workers to claim compensation for injuries sustained in traumatic accidents as well as aggravations caused by pre-existing health conditions and occupational illnesses such as cancer. An experienced railroad esophageal esophagus cancer lawyer could review your case and explain how the law is applicable to your particular situation.

Railroad cases must be filed with a federal court. This differs from a typical workplace accident lawsuit filed with the state workers' compensation court or a state industrial court. The reason is that FELA the federal statute that establishes the standard for all laws governing worker's compensation 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 specific amount of time to make a FELA lawsuit. A suit must be brought within three years from the time you were diagnosed with your illness and should have known that it was work-related. An experienced lawyer in FELA will help you determine the start of that three-year period.

In a recent instance, a 62-year-old railroad employee was awarded $500 in damages for suffering and pain due to esophageal cancer. The plaintiff argued that exposure to asbestos and diesel fumes - which he knew about at the time of diagnosis - was what caused his cancer.

What Damages Can I Recover in a Train Esophageal Cancer Case?

Railroad workers who develop Esophageal cancer as a result of their work can be entitled to compensation for medical expenses, lost earnings and pain. These are referred to as economic damages, and may be awarded in a lawsuit for railroad cancer. In many instances there are also non-economic damages, like emotional distress can also be awarded.

Expert witnesses could be used by railroad injury lawyers to establish the link between negligence on the part of the employer and esophageal or another diseases. For instance an employee who worked in a repair shop for trains might have been exposed to solvents such as paint and degreasing chemicals that are a risk for cancer of the esophageal tract. In some cases military service at Camp Lejeune could have predisposed to develop esophageal cancer.

In one case our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds found in the drinking water at Camp Lejeune that led to Esophageal cancer of veterans. There are many other factors that influence the amount a plaintiff can receive in a railroad injury claim, such as how long they stayed at Camp Lejeune, and how they are suffering from the cancer. At Sokolove Law, we will endeavor to maximize your compensation and ensure that you receive the justice you deserve. Contact railroad lawsuits to learn more about your case.

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