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FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries that result from their work environment. A FELA lawyer with experience in cancer could assist you in obtaining damages for both economic losses and non-economic ones.

Under FELA under FELA, you have to make a claim within three years of learning about your diagnosis and knowing your condition was related to your railroad work. A lawyer can assist you in determining the time when this period starts to run.

How Do Kidney cancer lawsuit Claim Cancer Claims?


Workers diagnosed with cancer, which could be due to their work environment could be able to file claims. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages. This could include medical expenses loss of wages, medical expenses, and other expenses.

One of the main considerations when it concerns a railroad-related cancer lawsuit is that signs of certain cancers could be inactive for years or even decades. Some patients may be unable to link their diagnosis with their railroad work. It is essential to contact an FELA lawyer who has experience as soon as you get a cancer diagnosis.

An experienced FELA attorney can evaluate the situation and assist workers determine if they are in an opportunity to file a FELA lawsuit. In most cases, the 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 railroad work 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 esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing substances while working for CSX and that the railroad failed to take the proper precautions to safeguard his injuries.

What are the common causes of Esophageal Cancer in the Railroad Industry?

Because railroads were the principal mode of transport for passengers before airplanes became popular, train workers came into contact with many chemicals that can cause cancer. If they were building railways, operating trains, or working in a shop, many 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.

The people who work in the railroad industry are more susceptible to cancer than those working in other fields. For this reason, a skilled railroad cancer lawyer can assist an ex-railroad worker prove that the cancer was caused by work-related exposure to toxic chemicals and chemical substances.

Squamous cell cancer is the most commonly encountered kind of tumor that occurs when it comes to cancers that affect the upper two-thirds of the esophagus. Adenocarcinoma tends to be more prevalent in the lower one-third. Other risk factors for esophageal cancer that are caused by occupational exposures to toxins and chemicals include smoking, reflux and achalasia.

A widow claimed CSX Railroad exposed their husband to harmful substances while he worked which resulted in the death of his stomach cancer. However the Court denied the motion of the Defendant for Summary Judgment and dismissed all claims.

How do railroad employees make a claim for compensation under the FELA?

The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer injuries or illnesses because of their work. The FELA allows workers to claim compensation for traumatic injuries or aggravations of pre-existing ailments and occupational illnesses such as cancer. An experienced railroad esophageal cancer lawyer will review your case and explain how the law is applicable to your situation.

Contrary to a typical workplace injury lawsuit that is filed in state workers compensation or a state industrial court railroad cases must be filed in federal court. This is due to the fact that FELA is a federal statute that sets the stage for all land-based worker's compensation laws and maritime law in the United States.

It is important to be aware that you only have a short amount of time to make a FELA lawsuit. A suit must be brought within three years of the date you were diagnosed with the illness and you should have realized that it was a work-related issue. An attorney who has experience in FELA can help you determine when the three-year time frame begins to begin.

In one recent case, an employee of a railroad aged 62 was awarded $500 in damages for suffering and pain due to esophageal cancer. The plaintiff claimed his exposure to diesel fumes and asbestos which he was aware of at the time of his diagnosis - was the reason he developed cancer.

How much will I be able to receive in damages from an esophageal cancer involving the railroad?

Railroad workers who suffer from esophageal cancer due to their job may be entitled to compensation for medical expenses and loss of earnings as well as suffering and pain. These are called economic damages, and can be awarded in a railroad cancer lawsuit. In many cases non-economic damages like emotional distress are also available.

Railroad injury attorneys may use experts to establish a connection between negligence by an employer and the worker's esophageal tumor or other diseases. For example the former worker at a train repair shop might have been exposed to solvents, such as paint and degreasing chemicals, which are a risk for esophageal cancer. In some instances an individual's military service at Camp Lejeune may have predisposed to develop esophageal carcinoma.

In one case in which 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 the development of esophageal cancer among veterans. There are a variety of other factors that influence the amount that a plaintiff will receive in their railroad injury case, such as how they stayed at Camp Lejeune, and how the severity of their cancer. We will maximize your compensation at Sokolove Law and ensure that you receive the justice you deserve. Contact us today to learn more about the case.

Here's my website: https://sites.google.com/view/railroadcancersettlements