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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 for cancer can help you obtain damages for both economic losses as well as non-economic ones.
Under FELA the law, you must make a claim within three years of finding out about your condition and knowing your illness was connected to your railroad work. An attorney can assist you determine when this period starts to run.
How Do Railroad Workers Claim Cancer Claims?
Railroad workers who are diagnosed with cancer that could be caused by their exposure to their work might be able to file a claim for compensation. This is typically done by filing an FELA claim (Federal Employers Liability Act). The law permits employees who are injured on the job to sue their employers for damages that pay for medical expenses as well as lost wages and other expenses.
A key aspect to take into consideration when it concerns a railroad-related cancer lawsuit is that symptoms of some cancers can remain undiscovered for years, or even decades. Some patients may be unable to link their diagnosis to their work on the railroad. It is important to contact an FELA lawyer with experience immediately you receive a cancer diagnosis.
mesothelioma lung cancer lawsuit seasoned FELA attorney can assess the situation and help workers determine if they have a case for an FELA lawsuit. In most cases, a person filing a lawsuit must do so within three years of being diagnosed with cancer. They must also know or have evidence to suggest that their work in the railroad industry has caused 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 which had spread to his colon and esophagus. The widow claimed that her husband was exposed to asbestos-containing substances while working at CSX, and that the railroad failed to take sufficient precautions to safeguard him from being injured.
What are the main causes of esophageal cancer that are common in the railroad industry?
Because railroads were a crucial mode of transportation for passengers before airplanes were popular, people on trains often came in contact with a variety of chemicals that could cause cancer. A lot of railroad workers were exposed to carcinogens during their time worked on the railways, working on or maintaining them, or in the shops. This includes diesel fumes asbestos and solvents.
People who work in railroad industry are more likely to develop cancer than those working in other occupations. For class action lawsuit for lung cancer , a knowledgeable railroad cancer injury lawyer can assist a former railroad worker prove that the cancer was caused by a workplace exposure to toxins and chemical substances.
In cases where cancers affect the upper two-thirds of the esophagus, the most frequent histologic form of tumor is squamous cells carcinoma. csx lawsuit of the esophagus can be more frequently affected by Adenocarcinoma. Other risk factors for esophageal cancer that are caused by work-related exposure to chemicals and toxins include smoking, reflux and achalasia.
A widow claimed that CSX Railroad exposed her husband to a range of toxic substances during his job. csx lawsuit claimed that this resulted in his death from stomach cancer. The Court was able to grant the Defendant’s Motion for Summary Judgment. All claims were dismissed.
How do railroad employees make a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad workers to sue their employers if they suffer from illness or injuries due to work conditions. The FELA enables workers to claim compensation for injuries sustained in traumatic accidents and aggravations to pre-existing conditions and occupational diseases like cancer. An experienced railroad esophageal cancer lawyer can review your case and explain how the law will apply to your particular situation.
Unlike a standard workplace injury lawsuit filed in state workers compensation or state industrial court, railroad cases must be filed in federal court. The reason is that FELA is a federal statute that sets the standard for all laws regarding worker's comp on land and maritime law throughout the United States, is the basis for the railroad cases.
It is crucial to remember that you have a specific period of time to file a FELA lawsuit. A suit must be brought within three years of the date you were diagnosed with the illness and should have known that it was due to work. A lawyer who has experience in FELA can assist you in determining the beginning of that three-year period.
In a recent instance, an employee of the railroad who was 62 years old was awarded $500 in damages in compensation for pain and suffering relating to his esophageal cancer. The plaintiff claimed his exposure to diesel fumes and asbestos which he knew about at the time of his diagnosis - was the cause of his cancer.
What Damages Can I Get in a Railroad Esophageal Cancer Case?
Railroad workers who suffer from cancer of the esophagus due to their job may be entitled compensation for medical expenses, lost earnings, and pain. In a railroad cancer case this is known as economic damages. Non-economic damages, for instance emotional distress, are accessible in many instances.
Expert witnesses may be utilized by railroad injury lawyers to establish the link between the negligence of an employer and esophageal or another illnesses. For example the former worker at a repair shop for trains might have been exposed to solvents, such as paint and degreasing chemical that could pose a risk for cancer of the esophageal tract. In some cases, military service at Camp Lejeune could have predisposed to develop esophageal cancer.
In one instance our client was awarded $6.1 Billion as part of an action-based settlement for exposure to volatile organic compounds in the drinking water of Camp Lejeune which led to people suffering from esophageal cancer. There are many other factors that influence the amount a plaintiff can receive in their railroad injury case, including how long they stayed at Camp Lejeune, and how severe their cancer is. We will maximize your settlement at Sokolove Law and ensure that you get the justice you deserve. Contact us to learn more about the case.
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