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11 "Faux Pas" That Are Actually OK To Create With Your Railroad Lawsuit Black Lung Disease
FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries resulting from their job. A FELA lawyer can assist you in obtaining damages for both economic losses and non-economic ones.

You must make a claim under FELA within three years from the time you learn about your diagnosis and you are aware that the condition is related to your railroad work. A lawyer can help you determine when the time for filing a claim begins to begin.

How railroad workers file claims for cancer?

Railroad workers who are diagnosed with cancer that may be due to exposure to their work might be eligible to claim compensation. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employers for damages. This could include medical expenses as well as lost wages and other expenses.


One of the main considerations when it is a railroad cancer lawsuit is that signs of certain cancers could be inactive for years or even decades. Some patients may have difficulty to link their diagnosis to their railroad work. This is why it is crucial to speak with an experienced FELA lawyer immediately after a cancer diagnosis.

A FELA attorney with years of experience can examine the situation and decide whether the worker has a legal case to submit a FELA suit. In most instances, a worker has to file a lawsuit within three years of being diagnosed with cancer and having reason to know that the cancer was due to their railroad work.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death her husband Marvin Frieson. He died from stomach cancer which 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 appropriate safety precautions to protect him from getting injured.

What Are the Common Causes of Esophageal Cancer in the Railroad Industry?

Since railroads were the primary form of transportation for passengers before airplanes became well-known, railroad workers came into contact with a myriad of chemicals that could cause cancer. It didn't matter if they were building railways, operating the trains or working in a workshop, many railroad workers were exposed carcinogens that could cause cancer on a regular basis. These include diesel fumes asbestos and solvents.

People who work in the railroad industry are more likely to develop cancer than those working in other professions. A railroad cancer injury attorney could assist a former railroad worker establish that their cancer was caused by their work exposure to chemicals and toxins.

Squamous cell cancer is the most prevalent type of cancer when it comes to cancers that affect the upper two-thirds of the esophagus. The lower third of the esophagus is more frequently affected by cancer called adenocarcinoma. Other risk factors for esophageal carcinoma that result from work-related exposure to chemicals and toxins include reflux, tobacco-smoking, and achalasia.

A widow claimed CSX Railroad exposed their husband to a variety of toxic substances during his job, which led to his stomach cancer dying. The Court did, however, grant the Defendant’s Motion for Summary Judgment. All claims were dismissed.

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

The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers over injuries and illnesses that occur because of work conditions. The FELA permits workers to claim compensation for traumatic injuries and aggravations to pre-existing conditions and occupational illnesses such as cancer. A knowledgeable railroad esophageal cancer lawyer will review your case and explain how the law will apply to your particular situation.

Railroad cases must be filed with a federal court. This differs from a typical workplace injury lawsuit filed with the state workers'' compensation court or a state industrial court. The reason is because FELA the federal statute that establishes the standard for all worker's compensation laws in maritime and land laws across the United States, is the base of the railroad cases.

It is crucial to remember that you only have a short period of time to start a FELA lawsuit. A suit must be brought within three years from the date you were diagnosed with the illness and should have known that it was due to work. An attorney who has experience in FELA could help you determine when the three-year time frame begins to run.

In a recent case, a railroad worker aged 62 was awarded damages of $500 for suffering and pain due to esophageal carcinoma. Multiple myeloma lawsuit claimed exposure to diesel fumes and asbestos - both of which he knew of at the time of his diagnosis - caused his cancer.

What amount can I expect in damages for an esophageal cancer involving the railroad?

Railroad workers who suffer from esophageal cancer due to their job may be entitled compensation for medical expenses, lost earnings and pain. These are called economic damages and can be awarded in a lawsuit against railroads for cancer. In many instances non-economic damages like emotional distress are also awarded.

Expert witnesses may be utilized by railroad injury attorneys to establish a link between the negligence of an employer and esophageal illnesses. For example the former worker at the repair shop for trains may have been exposed to solvents such as paint and degreasing chemical that could have a high risk of causing cancer of the esophagus. In some instances there is a possibility that military service at Camp Lejeune could have predisposed to develop esophageal cancer.

In one case, our client was awarded $6.1 Billion as part of an action-based settlement for exposure to volatile organic compounds in the drinking water in Camp Lejeune which led to people suffering from esophageal cancer. There are many other factors that impact the amount of compensation a plaintiff will be awarded in their railroad accident case, such as how they stayed at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will endeavor to maximize your compensation and help you get the justice you deserve. Contact us today to find out more about your case.

Read More: https://sites.google.com/view/railroadcancersettlements