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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for illnesses and injuries caused by their workplaces. A FELA lawyer for cancer can assist you in seeking damages for both economic and non-economic ones.
Under FELA You must file your claim within three years of learning about your condition and knowing your condition was a result of your railroad work. A lawyer can assist you in determining when this timeframe begins to begin.
How Do Railroad Workers Claim Cancer Claims?
Railroad workers who are diagnosed with cancer that could be due to exposure on the job may be qualified to claim compensation. This is typically done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employer for damages. This could include medical costs or lost wages, as well as other expenses.
A key aspect to take into consideration when it is about a railroad cancer lawsuit is that the symptoms of certain cancers could be inactive for years or even decades. This makes it difficult for some patients to connect their diagnosis with their work on the railroad. It is crucial to speak with an FELA lawyer with experience immediately you get a cancer diagnosis.
A FELA attorney who has experience will be able to analyze the situation and determine whether the worker has a legal case to make a FELA suit. In most cases, a worker must file a lawsuit within three years after being diagnosed with cancer and having a reason to believe that the cancer was caused by their work on the railroad.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death her husband Marvin Frieson. He died from stomach cancer which had spread to his colon and esophagus. 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 safety measures to protect him from suffering injuries.
What are the most frequent causes of esophageal cancer within the railroad industry?
Because railroads were the main mode of transport for passengers prior to airplanes becoming popular, train workers came into contact with a myriad of chemicals that could cause cancer. When they were building railways, operating trains, or working in a shop, numerous railroad workers were exposed carcinogens that were dangerous on a regular basis. This includes asbestos, diesel fumes, and solvents.
Pancreatic cancer lawsuit has proven that those who work on railroads may be more likely to be diagnosed with a variety of different forms of cancer than those who work in other professions. For this reason, a knowledgeable railroad cancer injury lawyer could 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 frequent type of cancer in cases of cancers affecting the upper two thirds of the esophagus. The lower third of the esophagus is more frequently affected by adenocarcinoma. Other risk factors caused by exposure to chemicals or toxins at work include smoking, reflux, and achalasia.
Pancreatic cancer lawsuit claimed that CSX Railroad exposed their husband to a variety of harmful substances while he worked that led to his stomach cancer dying. However the Court denied the motion of the Defendant 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 when they suffer from injuries or illness due to working conditions. The FELA allows workers to seek compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational illnesses such as cancer. An experienced railroad esophageal esophagus cancer lawyer could review your case and explain how the law is applicable to your particular situation.
Contrary to a typical workplace injury lawsuit filed in state workers compensation or state industrial court railroad cases must be filed in federal court. The reason for this is because FELA the federal statute that sets the standard for all worker's compensation laws in maritime and land laws across the United States, is the basis for the railroad cases.
There is a limit on the time to submit a FELA suit. You must make a claim within three years of the date that you were diagnosed and should have known that it was a work-related illness. A lawyer who has experience in FELA can help you determine the start of that three-year period.
In a recent case, a railroad worker aged 62 was awarded $500 in damages in compensation for pain and suffering relating to his esophageal cancer. The plaintiff claimed that his exposure to diesel fumes and asbestos which he knew about at the time of diagnosis - was the reason he developed cancer.
How much could I be awarded in damages for an esophageal cancer involving the railroad?
Railroad employees who suffer from esophageal carcinoma caused by their jobs may be entitled to compensation for medical expenses and loss of earnings and suffering and pain. In a railroad cancer case, these are called economic damages. In many cases there are also non-economic damages, like emotional distress can also be awarded.
Railroad injury attorneys could use experts to establish a link between the negligence of an employer and the worker's esophageal or other illness. A former employee of an establishment for train repair could have been exposed by solvents such as paint and degreasing chemicals that can cause cancer of the esophageal lining. In some cases the military experience at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one case, 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 at Camp Lejeune which led to the development of esophageal carcinoma in some veterans. There are many other factors that can affect the amount a plaintiff receives in their railroad accident claim, for example, how long they spent at Camp Lejeune and how severe their esophageal cancer is. 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 find out more about your case.
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