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FELA and Railroad Cancer Lawsuits


The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries caused by their job. A FELA cancer lawyer could help you obtain damages for both economic losses as well as non-economic ones.

Under FELA the law, you must file your claim within three years of finding out about your diagnosis and knowing your condition was related to your railroad work. An attorney can assist you in determining when this timeframe starts to run.

How Do Railroad Workers File Cancer Claims?

People who have been diagnosed with cancer, which could be caused by the work environment might be able to make a claim. This is typically done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits employees who have been injured on the job to claim damages against their employers that cover medical costs loss of wages, medical expenses and other costs.

When it is time to file a lawsuit against railroad cancer, it is important to be aware that certain cancers can go unnoticed for decades or years. Some patients may have difficulty to link their diagnosis to their work on the railroad. It is important to contact a FELA lawyer who has experience as soon as you receive a cancer diagnosis.

A seasoned FELA attorney will be able to assess the situation and help workers determine if they have an argument for an FELA lawsuit. In the majority of cases, the person filing a lawsuit must do so within three years of being diagnosed with cancer. They must also be aware or have evidence that their work in the railroad industry caused the cancer.

At Bladder cancer lawsuit 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 metamorphosed to his colon and esophagus. The widow claimed that her late husband was exposed to asbestos-containing substances while working for CSX and that the railroad failed to employ the appropriate safety measures to safeguard him.

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

Because railroads were the main form of transportation for passengers prior to airplanes becoming popularized, workers on trains came into contact with numerous substances that can cause cancer. union pacific railroad lawsuit were regularly exposed to carcinogens when they were working on the railways, working on or maintaining them, or in the shops. This includes asbestos, diesel fumes, and solvents.

Research has proven that those working on railroads could be more likely to be diagnosed with a variety of different kinds of cancer than people who work in other fields. This is why a knowledgeable railroad cancer injury lawyer could assist an ex-railroad worker establish that the cancer was caused by workplace exposure to toxins and chemical substances.

Squamous cell cancer is the most prevalent kind of tumor that occurs in cases of cancers affecting the upper two-thirds of the esophagus. Adenocarcinoma tends to be more prevalent in the lower one-third. cancer lawsuit caused by exposure to chemicals or toxins at work include smoking, reflux, and achalasia.

A widow claimed CSX Railroad exposed their husband to harmful substances while he worked that led to the death of his stomach cancer. The Court has 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 allows railroad workers to sue their employers when they suffer from injuries or illness from working conditions. The FELA allows workers to claim compensation for traumatic injuries and aggravations to pre-existing conditions and occupational diseases such as cancer. A railroad esophageal carcinoma lawyer can examine your case and explain the law's relevance to your specific situation.

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

There is a limit on the time to bring a FELA suit. A suit must be brought within three years of the time you were diagnosed with your disease and you should have known that it was related to work. An attorney who has expertise in FELA will be able to help you determine when the three-year time frame begins to begin.

In a recent case, a 62-year-old railroad employee was awarded $500 in damages for pain and suffering due to his esophageal cancer. The plaintiff claimed that his exposure to diesel fumes as well as asbestos - both of which he was aware of at the time of his diagnosis - triggered his cancer.

How much can I receive in damages for a railroad esophageal cancer case?

Railroad employees who suffer from esophageal cancer caused by their work may be entitled to compensation for medical expenses and loss of earnings as well as suffering. In the case of a cancer affecting railroad workers, these are called economic damages. In many cases other damages, such as emotional distress are also available.

Expert witnesses can be used by railroad injury attorneys to establish the link between negligence on the part of an employer and esophageal, or other illnesses. For example, a former worker at the repair shop for trains may have been exposed to solvents, such as paint and degreasing chemicals that have a high risk of causing esophageal cancer. In some cases there is a possibility that military service at Camp Lejeune could have predisposed to develop esophageal carcinoma.

In cancer lawsuit was awarded $6.1 Billion as part of a class-action settlement for the exposure to volatile organic compound in the drinking water of Camp Lejeune which led to veterans developing esophageal carcinoma. There are many other factors that influence the amount that a plaintiff will receive in a railroad-related injury claim, such as how they stayed at Camp Lejeune, and how severe their cancer is. We will maximize your compensation with Sokolove Law and ensure that you get the compensation you deserve. Contact us today to find out more about your case.

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