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15 Reasons To Love Railroad Lawsuit Black Lung Disease
FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries caused by their workplace. A FELA lawyer for cancer can help you obtain damages for both economic losses and non-economic ones.

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

How railroad workers file cancer claims?

Anyone diagnosed with cancer which could be linked to their exposure at work might be able to make an insurance claim. This is often done through what is called a FELA (Federal Employers Liability Act) claim. The law permits employees who have been injured on the job to sue their employers for damages that cover medical expenses loss of wages, medical expenses and other expenses.


One important consideration when it concerns a railroad-related cancer lawsuit is that the symptoms of certain cancers may go dormant for years or even decades. Some sufferers may find it difficult to link their diagnosis with their work on the railroad. It is crucial to contact an FELA lawyer with experience as soon as you receive a cancer diagnosis.

A FELA attorney with experience will be able assess the situation and determine whether workers are eligible to bring a FELA suit. In most cases, a worker must bring a suit within three years after being diagnosed with cancer and knowing or having reason to believe that the cancer was due to their railroad work.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death her husband Marvin Frieson. He died of stomach cancer that had spread to his colon and esophagus. The widow alleged that her husband had been exposed to asbestos-containing substances while working for CSX and that the railroad failed to take proper safety precautions to safeguard him.

What are the most frequent causes of esophageal cancer that are common in the railroad industry?

Because railroads were the principal form of transportation for passengers prior to the time that airplanes became popularized, workers on trains came into contact with a myriad of chemicals that can cause cancer. If they were building railways, operating trains, or working in a shop, a lot of railroad workers were exposed carcinogens with a high risk of causing cancer on a daily basis. They were exposed to asbestos, diesel fumes and solvents.

Studies have revealed that people who work for railroads could be more likely to develop a range of different types of cancer than those who work in other professions. Because of this, a skilled railroad cancer lawyer could help an ex-railroad worker establish that their cancer was the result of a exposure to toxic substances in the workplace and chemical substances.

Squamous cell cancer is the most prevalent type of tumor in cases of cancers that affect the upper two thirds of the esophagus. The lower one-third of the esophagus is more frequently affected by 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 that CSX Railroad exposed their husband to toxic substances during his work that led to the death of his stomach cancer. However the Court granted the Defendant's Motion for Summary Judgment and dismissed all claims.

How do Railroad Workers File a Claim for Compensation under FELA?

The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer injuries or get sick due to working conditions. The FELA allows workers to seek compensation for injuries sustained in traumatic accidents as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. An experienced railroad esophageal cancer lawyer can review your case and explain how the law applies to your specific situation.

Contrary to a typical workplace injury lawsuit that is filed in state workers compensation or a state industrial court, railroad cases require filing in federal court. The reason is that FELA which is a federal law that establishes the standards for all worker's compensation laws in land and maritime law throughout the United States, is the basis of the railroad cases.

It is important to keep in mind that you have a specific amount of time to file a FELA lawsuit. You must submit a lawsuit within three years of the date that you were diagnosed and have known it was a work-related health issue. An attorney with expertise in FELA could help you determine when the three-year period will begin to begin.

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

How Much Damages can I Receive in a Railroad Esophageal Cancer Case?

Railroad employees suffering from esophageal cancer due to their work can be entitled to compensation for medical expenses or loss of earnings and suffering. These are referred to as economic damages and are awarded in a lawsuit against railroads for cancer. Other damages, like emotional distress, are also accessible in many instances.

Railroad injury attorneys can use expert witnesses to establish a link between an employer's negligence and the worker's esophageal or other illness. An employee who was employed at the train repair facility could be exposed to solvents such as paint and degreasing substances that can lead to Esophageal cancer. In some cases, military service at Camp Lejeune could have predisposed to develop esophageal carcinoma.

In one instance, our client was awarded $6.1 Billion as part of a class-action settlement for the exposure to volatile organic compound in the drinking water in Camp Lejeune which led to the development of esophageal carcinoma in some veterans. There are lung cancer lawsuit from smoking of other factors that impact the amount a plaintiff will be awarded in their railroad accident case, such as the long they were at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will make sure you receive the maximum amount of compensation and help you get the justice you deserve. Contact us today to find out more about your case.

Homepage: https://sites.google.com/view/railroadcancersettlements
     
 
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