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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 workplaces. A FELA lawyer with experience in cancer could help you seek damages for both economic losses and non-economic ones.
You must file a claim under FELA within three years of the date you discover that you have a diagnosis and you are aware that the condition is related to your railroad work. A lawyer can assist you in determining when this period starts to begin.
How do railroad workers file claims for cancer?
Railroad workers who have been diagnosed with cancer that may be due to exposure on the job may be in a position to file a claim for compensation. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employer for damages, which can include medical costs or lost wages, as well as other expenses.
When it is time to file a lawsuit against railroad cancer, it is important to keep in mind that certain cancers may go unnoticed for decades or years. Some patients may find it difficult to link their diagnosis with their railroad work. Leukemia lawsuit is why it's crucial to speak with an experienced FELA lawyer immediately after the diagnosis of cancer.
An experienced FELA attorney can evaluate the situation and assist workers determine if they are in an opportunity to file a FELA lawsuit. In union pacific railroad lawsuit of cases, the worker must file a lawsuit within three years of being diagnosed with cancer. They must also be aware or have a reason to believe 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 spread to his esophagus and colon. The widow claimed that her late husband had been exposed to asbestos-containing substances while working for CSX, and that the railroad was unable to take adequate safety precautions to prevent his injuries.
What are the most common causes of esophageal cancer that are common in the railroad industry?
Because railroads were the principal form of transportation for passengers prior to airplanes becoming popular, train workers came into contact with many chemicals that could cause cancer. Many railroad workers were regularly exposed to carcinogens during their time were working on railways, working on or maintaining them, or in their shops. They were exposed to asbestos, diesel fumes, and solvents.
Studies have shown that people who work on railroads may be more likely to be diagnosed with a variety of different kinds of cancer than those working in other occupations. A railroad cancer injury attorney could help a former rail worker prove that their cancer was caused by their work exposure to toxic chemicals and chemicals.
In cases that involve cancers that affect the upper two-thirds of the esophagus, the most frequent histologic type of cancer is squamous cell cancer. The lower third of the esophagus are more frequently affected by the adenocarcinoma. Other risk factors that are caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances at his job and that this caused his death due to stomach cancer. The Court was able to grant the defendant's motion for summary Judgment. All claims were dismissed.
How do railroad employees file a claim for compensation under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers over injuries and illnesses that happen due to work-related conditions. The FELA enables workers to claim compensation for traumatic injuries, aggravations of pre-existing conditions and occupational illnesses such as cancer. Bladder cancer lawsuit from the railroad esophageal carcinoma can evaluate your case and explain how the law applies to your situation.
Railroad cases have to be filed in federal court. This differs from a typical workplace accident lawsuit that is filed with the state workers' compensation court or the state industrial court. The reason is that FELA which is a federal law that sets the standard for all worker's compensation laws in maritime and land law in the United States, is the basis for the railroad cases.
There is union pacific railroad lawsuit on the time to submit a FELA suit. A lawsuit must be filed within three years from the date you were diagnosed with the disease and you should have known that it was a work-related issue. An attorney who has 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 employee was awarded damages of $500 for pain and suffering related to esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes and asbestos and asbestos - both of which he knew of prior to his diagnosis - caused his cancer.
How cancer lawsuits could I be awarded in damages from an esophageal tumor case that was uncovered on the railroad?
Railroad employees suffering from esophageal cancer caused by their work can be entitled to compensation for their medical expenses as well as loss of earnings and pain and suffering. In a case involving cancer in the railroad, these are called economic damages. Non-economic damages, for instance emotional distress, are offered in a variety of cases.
Railroad injury attorneys may use expert witnesses to establish a connection between the negligence of an employer and the worker's esophageal tumor or other diseases. For instance, a former worker at an repair shop for trains could have been exposed to solvents, such as paint and degreasing substances that can pose a risk for cancer of the esophageal tract. In certain instances the military service of a veteran at Camp Lejeune may have predisposed to develop esophageal carcinoma.
In one instance our client was awarded $6.1 Billion as part of an action-based settlement for exposure to volatile organic compound in the drinking water at Camp Lejeune which led to people suffering from esophageal cancer. There are other factors that determine the amount that a plaintiff will be awarded in their railroad accident claim, such as how long they spent at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will endeavor to maximize your compensation and get you the justice you deserve. Contact us today to learn more about your case.
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