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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 work environments. A skilled FELA cancer lawyer can assist you pursue damages for both economic as well as non-economic losses.

You must file a claim under FELA within three years from the time you learn about your diagnosis and know that your health issue is connected to your railroad work. An attorney can assist you in determining when the claim period begins to run.

How Do Railroad Workers File Cancer Claims?

Railroad workers diagnosed with cancers that could be due to exposure on the job may be eligible to file a claim for compensation. This is usually done by filing a FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employer for damages. This could include medical costs loss of wages, medical expenses, and other costs.

When it is time to file a suit for railroad cancer, it's crucial to be aware that some cancers may go unnoticed for decades or years. Some patients may be unable to link their diagnosis to their work on the railroad. This is why it is vital to contact an experienced FELA lawyer as soon as you can after a cancer diagnosis.

A FELA attorney with experience will be able evaluate the situation and determine whether a worker is eligible to bring a FELA suit. In the majority of cases, a worker has to file a lawsuit within three years of being diagnosed with cancer. They must also know or have evidence that their work in the railroad industry caused the cancer.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death of her husband Marvin Frieson. He died from stomach cancer which had spread to his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing materials while working for CSX and that the railroad was unable to take adequate safety measures to protect him from suffering injuries.

What are the main causes of cancer of the esophagus in the railroad industry?

As railroads were the primary mode of transportation for passengers before aircrafts became popular, those working on trains were often in contact with a myriad of chemicals that could cause cancer. If Leukemia lawsuit were building railroads, maintaining or operating trains, or working in a shop, many railroad workers were exposed to dangerous carcinogens on a regular basis. This includes diesel fumes solvents and asbestos.

Research has proven that those who work on railroads may be more susceptible to developing a variety of different kinds of cancer than people who work in other fields. A lawyer for railroad-related cancer could help a former rail worker establish that their cancer was caused by work exposure to toxic chemicals and chemicals.

Squamous cell cancer is the most prevalent type of tumor in cases of cancers affecting the upper two thirds of the esophagus. The lower third of the esophagus are more often affected by the adenocarcinoma. Other risk factors 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 the death of his stomach cancer. The Court did, however, grant 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 injuries or illnesses due to working conditions. The FELA allows workers to claim compensation if they suffer traumatic injuries that aggravate existing conditions or occupational diseases such as cancer. A lawyer for railroad esophageal cancer can review your case and explain how the law applies to your particular situation.

Railroad cases have to be filed in federal court. This differs from a typical workplace accident lawsuit filed in state workers' compensation court or a state industrial court. The reason for this is that FELA which is a federal law which sets the standard for all worker's compensation laws in land and maritime law throughout the United States, is the base of the railroad cases.

You have a time limit to submit a FELA suit. cancer lawsuits must submit a lawsuit within three years from the date that you were diagnosed and should have known it was a workplace-related illness. An attorney with experience in FELA can assist you in determining when the three-year period will begin to run.

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


How Leukemia lawsuit Can I Recover in a Train Esophageal Cancer Case?

Railroad workers who contract Esophageal cancer as a result of their work can be entitled to compensation for medical expenses, lost earnings, and discomfort. These are known as economic damages, and may be awarded in a lawsuit against railroads for cancer. In many cases there are also non-economic damages, like emotional distress are also awarded.

Railroad injury lawyers could employ expert witnesses to establish a connection between an employer's negligence and the worker's esophageal cancer or other diseases. For instance the former worker at a train repair shop might have been exposed to solvents, such as paint and degreasing chemical that could pose a risk for esophageal cancer. In some cases, military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.

In one case, our client was awarded $6.1 Billion as part of a settlement in a class action for exposure to volatile organic compound in the drinking water of Camp Lejeune which led to people suffering from esophageal cancer. There are other factors that affect the amount that a plaintiff will be awarded in their railroad accident case, such as the long they were at Camp Lejeune, and how severe their cancer is. We will maximize your compensation at Sokolove Law and ensure that you get the justice you deserve. Contact us today to learn more about the case.

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