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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses caused by their workplaces. A skilled FELA cancer lawyer can help you seek damages for both economic and non-economic damages.
You must file a claim under FELA within three years after you learn about your diagnosis and are aware that your health issue is connected to your employment at a railroad. An attorney can help you determine the date at which this timeframe begins to begin.
How railroad workers file claims for cancer?
Workers diagnosed with cancer, which could be due to the work environment could be able to make an insurance claim. This is typically done by filing an FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employers for damages. This could include medical costs, lost wages, and other expenses.
When it is time to file a lawsuit against railroad cancer, it is crucial to be aware that some cancers are not spotted for many years or even decades. This makes it difficult for some patients to link their diagnosis with their work on the railroad. This is why it's so important to contact an experienced FELA lawyer immediately following an announcement of cancer.
An experienced FELA attorney can evaluate the situation and assist workers determine if they have a case for an FELA lawsuit. In the majority of cases, a worker must bring a suit within three years of being diagnosed with cancer and knowing or having reason to believe that the cancer was caused by their work in the railroad industry.
At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who died of stomach cancer that had developed into his esophagus and colon. The widow claimed that her late husband had been exposed to asbestos-containing materials while working for CSX and that the railroad failed to take appropriate safety precautions to prevent him from getting injured.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the principal mode of transport for passengers prior to the time that airplanes became widely used, those working on trains were exposed to a variety of chemicals that could cause cancer. Numerous railroad workers were exposed to carcinogens as they were working on railways, working on or maintaining them, or working in shops. These include asbestos, diesel fumes, and solvents.
Research has shown that those who work for railroads could be more likely to be diagnosed with a variety of different forms of cancer than people who work in other occupations. For this reason, a skilled railroad cancer lawyer could assist an ex-railroad worker prove that the cancer was caused by a exposure to toxic substances in the workplace and chemical substances.
Squamous cell cancer is the most prevalent type of cancer in cases of cancers that affect the upper two thirds of the esophagus. The lower third of the esophagus is more often affected by adenocarcinoma. class action lawsuit against norfolk southern railroad 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 CSX Railroad exposed their husband to harmful substances while he worked that led to his stomach cancer dying. 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 work-related conditions. The FELA allows workers to seek compensation if they suffer from injuries that are severe, or worsen pre-existing conditions, or occupational diseases such as cancer. A railroad esophageal carcinoma lawyer can examine your case and explain the law's application to your specific situation.
Railroad cases must be filed before federal court. This differs from a typical workplace injury lawsuit filed with state workers' compensation court or a state industrial court. The reason is because FELA, a federal statute that sets the standard for all worker's compensation laws in maritime and land law in the United States, is the base of the railroad cases.
There is a limit on the time to file a FELA suit. A suit must be brought within three years from the date you were diagnosed with the illness and you should have realized that it was a work-related issue. An experienced lawyer in FELA can help you determine the date of the three-year period.
In a recent case a 62-year-old railroad employee was awarded $500 in damages for pain and suffering related to esophageal cancer. The plaintiff claimed his exposure to asbestos and diesel fumes - which he knew about at the time of diagnosis was the reason for his cancer.
How Much Damages Can I Recover in a Train Esophageal Cancer Case?
Railroad workers who contract esophageal cancer due to their job could be entitled to compensation for medical expenses, lost earnings and pain. In the case of a railroad cancer this is known as economic damages. Non-economic damages, for instance emotional distress, are available in a number of cases.
Expert witnesses may be utilized by railroad injury attorneys to establish the link between the negligence of an employer and esophageal diseases. For example a former employee at the repair shop for trains may have been exposed to solvents, such as paint and degreasing substances that can pose a risk for esophageal cancer. In some instances military service at Camp Lejeune could have predisposed to develop esophageal cancer.
In one case in which our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds in drinking water at Camp Lejeune that led to veterans' esophageal cancer. There are a variety of other factors that determine the amount of compensation a plaintiff will receive in a railroad-related injury claim, such as how long they stayed at Camp Lejeune, and how they are suffering from the cancer. We will maximize your payout at Sokolove Law and ensure that you receive the justice you deserve. Contact us to learn more about the case.
Website: https://sites.google.com/view/railroadcancersettlements
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