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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses caused by their work environments. A FELA cancer lawyer could help you seek damages for both economic and non-economic ones.
Under FELA You must file your claim within three years of learning about your diagnosis and knowing that your condition was due to your railroad work. A lawyer can assist you in determining when this timeframe begins to begin.
How Do Railroad Workers Claim Cancer Claims?
Anyone diagnosed with cancer which could be linked to their work-related exposure, may be eligible to make claims. This is usually done by filing a FELA claim (Federal Employers Liability Act). The law allows those who have been injured while working to sue their employers for damages that pay for medical expenses or lost wages as well as other costs.
When it comes to a lawsuit for railroad cancer, it is important to be aware that certain cancers can go unnoticed for years or decades. Some sufferers may find it difficult to link their diagnosis with their railroad work. It is crucial to speak with a FELA lawyer with experience immediately you get a cancer diagnosis.
A FELA attorney with experience will be able evaluate the situation and determine whether a worker is eligible to make a FELA suit. In most cases, a 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 contributed 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 suffered from stomach cancer that had metamorphosed to his esophagus and colon. The widow alleged that her husband's death was caused by being exposed to asbestos-containing substances while working for CSX and that the railroad did not make the necessary safety precautions to protect him.
What are the main causes of esophageal cancer within the railroad industry?
Because railroads were a crucial form of passenger transportation before planes became popular, employees on trains often came in contact with a wide range of chemicals that could cause cancer. If they were building railways, operating or maintaining trains, or working in a shop, numerous railroad workers were exposed to carcinogens with a high risk of causing cancer on a daily basis. These include diesel fumes asbestos and solvents.
The people who work in the railroad industry are more susceptible to cancer than those working in other fields. A railroad cancer injury attorney can help a former rail worker prove that their cancer was caused by workplace exposure to toxic chemicals and chemicals.
In cases that involve cancers that affect the upper two-thirds of the esophagus. The most prevalent histologic form of tumor is squamous-cell carcinoma. The lower third of the esophagus can be more frequently affected by cancer called adenocarcinoma. Other risk factors for esophageal carcinoma that is caused by work-related exposure to chemicals and toxins include smoking cigarettes, reflux, and achalasia.
railroad workers cancer lawsuit claimed that CSX Railroad exposed their husband to a variety of toxic substances during his job, which led to his stomach cancer dying. However, the Court granted 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 workers to sue their employers if they suffer from injuries or illness due to work conditions. The FELA allows workers to claim compensation when they suffer injuries that cause trauma, or worsen pre-existing conditions, or occupational diseases like cancer. An experienced railroad esophageal carcinoma lawyer can review your case and explain how the law is applicable 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 that FELA, a federal statute that establishes the standards for all worker's compensation laws in maritime and land law in the United States, is the base of the railroad cases.
There is railroad workers cancer lawsuit on the time to submit a FELA suit. You must file a lawsuit within three years of the date that you were diagnosed and have known that it was a workplace-related illness. An attorney with experience in FELA could help you determine the date that the three-year period begins to run.
In one recent case, an employee of the railroad who was 62 years old was awarded damages of $500 in compensation for pain and suffering relating to his esophageal cancer. The plaintiff claimed that his exposure to diesel fumes and asbestos - - both of which he had knowledge of at the time of the diagnosis - caused the cancer.
What amount can I expect in damages for an esophageal carcinoma case on the railroad?
Railroad workers who suffer from Esophageal cancer as a result of their work may be entitled to compensation for medical expenses, lost earnings and suffering. In a railroad cancer case this is known as economic damages. In many instances there are also non-economic damages, like emotional distress can also be awarded.
Expert witnesses can be used by railroad injury attorneys to establish a link between negligence on the part of the employer and esophageal or other diseases. A former employee of an establishment for train repair could be exposed to solvents such as paint or degreasing agents which can cause cancer of the esophageal tract. In some instances an individual's military service at Camp Lejeune may have predisposed to develop esophageal cancer.
In one case our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds in drinking water at Camp Lejeune that led to veterans' esophageal cancer. There are a myriad of other factors that determine the amount that a plaintiff will receive in a railroad-related injury case, including how they stayed at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will make sure you receive the maximum amount of amount of compensation and get you the justice you deserve. Contact us today to learn more about your case.
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