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10 Facts About Railroad Lawsuit Black Lung Disease That Will Instantly Bring You To A Happy Mood
FELA and Railroad Cancer Lawsuits


The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries that result from their workplace. A FELA cancer lawyer could help you seek damages for both economic and non-economic ones.

You must file a claim for compensation under FELA within three years from the time you learn about your diagnosis and realize that your medical condition is related to your work at the railroad. An attorney can assist you in determining when the claim period starts to run.

How do railroad workers file cancer claims?

Railroad workers who have been diagnosed with cancer that could be related to their exposure on the job may be eligible to claim compensation. This is often done through what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employer to recover damages, which could include medical costs as well as lost wages and other expenses.

One of the most important aspects to consider when it comes to a railroad cancer lawsuit is that signs of certain cancers may be inactive for years or even decades. This makes it challenging for some patients to connect their diagnosis with their involvement in the railroad. It is essential to contact a FELA lawyer who has experience as soon as you receive a cancer diagnosis.

An experienced FELA attorney can evaluate the situation and assist workers determine if they have an argument for a FELA lawsuit. In the majority of cases, an employee must file a lawsuit within three years of being diagnosed with cancer and knowing or having the reason to know that the cancer was due to their railroad work.

At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who suffered from stomach cancer that had developed into his colon and esophagus. The widow alleged that her husband's death was caused by being exposed to asbestos-containing material when working for CSX and that the railroad failed to take proper safety precautions to protect him.

What Are the Common Causes of Esophageal Cancer in the Railroad Industry?

As railroads were the primary form of passenger transportation before aircrafts became popular, those working on trains often came in contact with a wide range of chemicals that could cause cancer. It didn't matter if they were building railroads, maintaining or operating trains, or working in a shop, a lot of railroad workers were exposed to carcinogens that could cause cancer on a regular basis. This includes diesel fumes asbestos and solvents.

Workers in the railroad industry are more likely to get cancer than those who work in other professions. This is why an experienced railroad cancer lawyer can help an ex-railroad worker establish that their cancer was caused by a exposure to toxic substances in the workplace and chemical substances.

In cases that involve cancers that affect the upper two-thirds of esophagus. The most common histologic type of cancer is squamous cell cancer. The lower third of the esophagus are more often affected by the adenocarcinoma. Other factors that increase the risk of esophageal cancer that result from work-related exposures to toxins and chemicals include smoking cigarettes, reflux, and achalasia.

A widow claimed that CSX Railroad exposed her husband to a range of toxic substances during his job. She claimed 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 File a Claim for Compensation under FELA?

The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers over injuries and illnesses that happen because of work conditions. The FELA allows workers to seek compensation for traumatic injuries and aggravations to pre-existing conditions and occupational diseases like cancer. A lawyer who is a railroad esophageal tumor will review your case and explain the law's application to your situation.

In contrast to a typical workplace injury lawsuit that is filed in state workers compensation or a state industrial court, railroad cases must be filed in federal court. The reason is that FELA the federal statute that establishes the standards for all worker's compensation laws on maritime and land law in the United States, is the basis of the railroad cases.

It is important to remember that you have a limited amount of time to start a FELA lawsuit. 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. A lawyer who has experience in FELA can help you determine the beginning of that three-year period.

In a recent instance, an 62 year old railroad worker was awarded damages of $500 for pain and suffering relating to esophageal carcinoma. The plaintiff claimed exposure to diesel fumes and asbestos - both of which he had knowledge of prior to his diagnosis - led to his cancer.

How much can I receive in damages from an esophageal tumor case that was uncovered on the railroad?

Railroad workers who suffer from esophageal carcinoma due to their work can be entitled to compensation for medical expenses, lost earnings and suffering. In a case involving cancer in the railroad this is known as economic damages. In many cases non-economic damages like emotional distress can also be awarded.

Railroad injury lawyers could employ experts to establish a link between the negligence of an employer and the worker's esophageal tumor or other diseases. An employee who was employed at an repair facility for trains could have been exposed by solvents such as paint and degreasing chemicals that can cause cancer of the esophageal lining. In railroad workers cancer lawsuit there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.

In one case, our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the exposure to volatile organic compounds in the drinking water in Camp Lejeune which led to veterans developing esophageal carcinoma. There are a variety of other factors that determine the amount that a plaintiff will be awarded in their railroad accident case, including how they stayed at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will work to maximize your compensation and get you the justice you deserve. Contact us today for more about your case.

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