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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries that result from their workplace. A FELA cancer lawyer could help you seek damages for both economic losses and non-economic ones.
You must make a claim under FELA within three years from the time you discover that you have a diagnosis and know that your medical condition is related to your employment at a railroad. An attorney can assist you in determining when this timeframe begins to run.
How railroad workers file cancer claims?
Railroad workers who are diagnosed with cancers that could be related to their exposure to work may be able to claim compensation. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employers for damages, which can include medical expenses or lost wages, as well as other expenses.
One important consideration when it is a railroad cancer lawsuit is that the symptoms of certain cancers could remain undiscovered for years, or even decades. This makes it challenging for some patients to connect their diagnosis to their involvement in the railroad. It is important to contact a FELA lawyer experienced in the event that you are diagnosed with cancer.
A seasoned FELA attorney will be able to assess the situation and assist workers determine if they are in an opportunity to bring a FELA lawsuit. In most cases, a worker has to file a lawsuit within three years of being diagnosed with cancer. They must also be aware or have evidence to suggest that their work in the railroad industry led to the cancer.
At the end 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 that had developed into 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 failed to take appropriate safety precautions to protect his injuries.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Since railroads were a key form of passenger transportation before planes became popular, employees on trains often came into contact with a wide range of chemicals that could cause cancer. Whether they were building railways, operating or maintaining trains, or working in a shop, many railroad workers were exposed carcinogens with a high risk of causing cancer on a daily basis. This includes diesel fumes asbestos and solvents.
People who work in railroad industry are more susceptible to cancer than those who work in other occupations. For this reason, an experienced railroad cancer lawyer could assist a former railroad worker prove that the cancer was caused by exposure to toxic substances in the workplace and chemical substances.
Squamous cell cancer is the most common kind of tumor that occurs when it comes to cancers that affect the upper two thirds of the esophagus. Adenocarcinoma is more prevalent in the lower third. Other risk factors caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.
A widow claimed CSX Railroad exposed their husband to a variety of toxic substances in his job that led to his stomach cancer death. However the Court denied the motion of the Defendant 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 over injuries and illnesses that occur due to their work environment. The FELA allows workers to claim compensation for injuries sustained in traumatic accidents or aggravations of pre-existing ailments 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.
Unlike a standard workplace injury lawsuit filed in state workers compensation or a state industrial court, railroad cases need to be filed in federal court. This is because FELA is a federal law, and it establishes the legal framework for all other land-based worker's insurance laws and maritime law in the United States.
You have a short time to file a FELA suit. 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 due to work. An attorney who has expertise in FELA can help you determine the date that the three-year period begins to run.
In a recent instance, a 62-year-old railroad employee was awarded $500 in damages in compensation for pain and suffering relating to esophageal cancer. The plaintiff claimed exposure to diesel fumes and asbestos - - both of which he was aware of at the time of the diagnosis - caused the cancer.
How Much Damages Can I Receive in a Railroad Esophageal Cancer Case?
Bladder cancer lawsuit suffering from esophageal cancer due to their jobs may be entitled to compensation for medical expenses as well as loss of earnings and suffering. These are referred to as economic damages and may be awarded in a lawsuit against railroads for cancer. In many cases non-economic damages like emotional distress are also awarded.
Expert witnesses can be utilized by railroad injury lawyers to establish the link between the negligence of an employer and esophageal or another diseases. For instance the 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 certain cases the military service of a veteran at Camp Lejeune may have predisposed them to developing esophageal cancer.
In one instance 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 veterans' esophageal cancer. There are other factors that affect the amount a plaintiff will receive in a railroad injury claim, such as how long they were at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will endeavor to maximize your compensation and ensure that you receive the justice you deserve. Contact us to learn more about the case.
Website: https://sites.google.com/view/railroadcancersettlements
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