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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses caused by their work environments. A knowledgeable FELA lawyer can help you seek damages for economic and non-economic losses.
You must file a claim for compensation under FELA within three years from the time you are diagnosed and know that your illness is linked to your railroad employment. An attorney can assist in determining when this period starts to begin.
How Do Railroad Workers Claim Cancer Claims?
Railroad workers diagnosed with cancer that could be due to exposure on the job may be qualified to file a claim for compensation. This is usually done through what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employer for damages. These could include medical expenses or lost wages, as well as other expenses.
When it is time to file a suit for railroad cancer, it's important to keep in mind that certain cancers are not spotted for years or decades. This makes it challenging for some patients to link their diagnosis to their work on the railroad. This is why it's vital to contact an experienced FELA lawyer immediately following the diagnosis of cancer.
A FELA attorney with experience will be able evaluate the situation and determine whether a worker is eligible to make a FELA suit. In the majority of cases, an employee must file a lawsuit within three years after being diagnosed with cancer and having reason to believe that the cancer was caused by their work in the railroad industry.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death her husband Marvin Frieson. He died of stomach cancer that was spreading to his esophagus and colon. The widow claimed that her late husband had been exposed asbestos-containing substances while working for CSX, and that the railroad had failed to take the proper safety measures to protect him from suffering injuries.
What are the most frequent causes of cancer of the esophagus in the railroad industry?
Because railroads were a crucial mode of transportation for passengers prior to the time that planes became popular, employees on trains were often in contact with a range of chemicals that could cause cancer. Numerous railroad workers were exposed to carcinogens during their time were working on railways, operating or maintaining them, or in the shops. This includes asbestos, diesel fumes and solvents.
People who work in railroad industry are more susceptible to cancer than those working in other occupations. A lawyer who specializes in railroad cancer could assist a former railroad worker prove that their cancer was caused by their work exposure to toxic chemicals and chemicals.
Squamous cell cancer is the most commonly encountered kind of tumor that occurs in cases of cancers that affect the upper two thirds of the esophagus. Adenocarcinoma occurs more frequently in the lower one-third. Other risk factors that are 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 variety of toxic substances during his work that led to his stomach cancer dying. However, the Court granted the 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 arise due to work-related conditions. The FELA allows workers to claim compensation for traumatic injuries, aggravations of pre-existing conditions and occupational diseases like cancer. A railroad esophageal carcinoma lawyer will review your case and explain how the law applies to your particular situation.
Railroad cases must be filed before federal court. This is different from a standard workplace accident lawsuit filed in the state workers' compensation court or a state industrial court. This is due to the fact that FELA is a federal statute, and it establishes the legal framework for all land-based worker's compensation laws and maritime law in the United States.
You have a limited time to bring a FELA suit. You must make a claim within three years of the date you were diagnosed and should have known that it was a work-related illness. railroad cancer lawsuit who has experience in FELA will be able to help you determine when the three-year time frame begins to run.
In a recent court case, an 62 year old railroad employee was awarded damages of $500 for pain and suffering that was related to his esophageal cancer. The plaintiff claimed that his exposure to diesel fumes and asbestos - - both of which he had knowledge of at the time of his diagnosis - caused his cancer.
How much could I be awarded in damages from an esophageal carcinoma case on the railroad?
Railroad workers who suffer from esophageal carcinoma caused by their job may be entitled to compensation for their medical expenses, loss of earnings, as well as pain and suffering. These are referred to as economic damages and can be awarded in a lawsuit for railroad cancer. Other damages, like emotional distress, are available in many cases.
Expert witnesses could be used by railroad injury attorneys to establish the link between negligence on the part of the employer and esophageal or another diseases. An employee who was employed at the train repair facility could have been exposed to solvents such as paint or degreasing agents that can cause esophageal carcinoma. In some cases, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal carcinoma.
In one instance our client was awarded $6.1 Billion as part of a settlement in a class action for exposure to volatile organic compounds in the drinking water of Camp Lejeune which led to veterans developing esophageal carcinoma. However, there are numerous other factors that can affect the amount of money the plaintiff is awarded in their railroad accident claim, including how much time they spent at Camp Lejeune and how severe their esophageal cancer is. At Sokolove Law, we will make sure you receive the maximum amount of amount of compensation and get you the justice you deserve. Contact us today for more about your case.
Read More: https://sites.google.com/view/railroadcancersettlements
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