Notes

10 Key Factors About Railroad Lawsuit Black Lung Disease You Didn't Learn In School
FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad employees to claim compensation for illnesses or injuries that result from their work environment. A FELA lawyer can assist you in seeking damages for both economic losses as well as non-economic ones.

You must submit a claim under FELA within three years from the time you discover that you have a diagnosis and realize that your health issue is connected to your employment at a railroad. An attorney can help you determine when this time frame begins to begin.

How railroad workers file cancer claims?

Workers diagnosed with cancer, which could be due to their work-related exposure are able to file a claim. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits employees who are injured while working to sue their employers for damages which cover medical costs as well as lost wages and other expenses.

When it comes to a lawsuit involving railroad cancer, it's crucial to be aware that some cancers are not spotted for decades or years. Some sufferers may find it difficult to connect their diagnosis to their work on the railroad. It is crucial to contact an FELA lawyer experienced in the event that you get a cancer diagnosis.

A FELA attorney with experience can assess the situation and determine whether the worker has a legal case to file a FELA suit. In most cases, workers must bring a suit within three years of being diagnosed with cancer and having a reason to know that the cancer was caused by their work in the railroad industry.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death her husband Marvin Frieson. He died from stomach cancer that had spread to his colon and esophagus. The widow claimed that her husband was exposed to asbestos-containing substances while working for CSX and that the railroad failed to employ the appropriate safety measures to protect him.

What are railroad lawsuit settlements of Esophageal Cancer in the Railroad Industry?

Because railroads were the main form of transportation for passengers prior to airplanes becoming popular, train workers came into contact with many chemicals that could cause cancer. When they were building railways, maintaining or operating trains, or working in a shop, a lot of railroad workers were exposed carcinogens that were dangerous on a regular basis. They were exposed to asbestos, diesel fumes, and solvents.

People who work in the railroad industry are more susceptible to cancer than those working in other professions. This is why an experienced railroad cancer lawyer can help an ex-railroad worker prove that the cancer was the result of a work-related exposure to toxic chemicals and chemical substances.

In cases where cancers affect the upper two-thirds esophagus. The most common histologic form of tumor is squamous cells carcinoma. Adenocarcinoma is more prevalent in the lower one-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 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 submit a claim for compensation under the FELA?

The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers over injuries and illnesses that arise due to working conditions. The FELA allows workers to file for compensation if they suffer traumatic injuries which aggravate existing conditions or occupational diseases such as cancer. An experienced railroad esophageal esophagus cancer lawyer will review your case and explain how the law is applicable to your situation.

Railroad cases must be filed in federal court. This is different from a standard workplace accident lawsuit filed with state workers' compensation court or state industrial court. The reason is because FELA is a federal statute that establishes 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 keep in mind that you have a short period of time to bring a FELA lawsuit. You must submit a lawsuit within three years of the date you were diagnosed and have known it was a work-related health issue. An experienced lawyer in FELA can help you determine the date of the three-year period.

In a recent court case, a 62 year old railroad worker was awarded damages of $500 for pain and suffering relating to his esophageal tumor. The plaintiff argued that exposure to diesel fumes and asbestos which he was aware of at the time of his diagnosis - was the cause of his cancer.

How much could I be awarded in damages for an esophageal tumor case that was uncovered on the railroad?

Railroad employees who suffer from esophageal cancer due to their job may be entitled to compensation for medical expenses as well as loss of earnings and suffering and pain. These are called economic damages and can be awarded in a lawsuit for railroad cancer. Non-economic damages, like emotional distress, are accessible in many instances.

Railroad injury attorneys may use expert witnesses to establish a link between the negligence of an employer and the worker's esophageal or other diseases. A former employee of the train repair facility could have been exposed to solvents like paint and degreasing chemicals that can cause cancer of the esophageal lining. In certain instances the military experience at Camp Lejeune could have predisposed to develop esophageal carcinoma.

In one instance in which our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds found in the drinking water at Camp Lejeune that led to the development of esophageal cancer in veterans. But there are many other factors that can influence the amount of money the 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 justice that you deserve. Contact us today to learn more about the case.

Read More: https://sites.google.com/view/railroadcancersettlements