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11 "Faux Pas" That Are Actually Okay To Make With Your Railroad Lawsuit Black Lung Disease
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 can help you obtain damages for both economic losses and non-economic ones.

You must submit a claim under FELA within three years of the date you learn about your diagnosis and you are aware that the medical condition is related to your railroad work. A lawyer can assist you in determining the time when this period begins to begin.

How railroad workers file claims for cancer?

Patients diagnosed with cancer, which could be caused by their exposure at work could be able to file an insurance claim. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law permits employees who have been injured while working to pursue their employers for damages that cover medical expenses or lost wages as well as other expenses.


A key aspect to take into consideration when it concerns a railroad-related cancer lawsuit is that the symptoms of some cancers can be inactive for years or even decades. Some patients may be unable to connect their diagnosis to their railroad work. It is important to contact an FELA lawyer with experience immediately you are diagnosed with cancer.

A FELA attorney who has experience will be able to examine the situation and decide whether the worker has a legal case to submit a FELA suit. In railroad cancer lawsuit of cases, a worker must file a lawsuit within three years of being diagnosed with cancer. They must also be aware or have evidence to suggest that their work in the railroad industry contributed to the cancer.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death of her husband Marvin Frieson. He died from stomach cancer that was spreading to his colon and esophagus. The widow alleged that her husband had been exposed to asbestos-containing substances while working for CSX and that the railroad failed to use the proper safety precautions to safeguard him.

What are the most frequent causes of esophageal cancer within the railroad industry?

Since railroads were a major method of transporting passengers prior to when airplanes were popular, people on trains frequently came into contact with a wide range of chemicals that could cause cancer. It didn't matter if they were building railways, operating trains, or working in a workshop, many railroad workers were exposed to carcinogens that could cause cancer on a regular basis. They were exposed to asbestos, diesel fumes, and solvents.

Research has shown that those who work on railroads may be more likely to be diagnosed with a variety of different kinds of cancer than people working in other occupations. This is why a knowledgeable railroad cancer injury lawyer can assist an ex-railroad worker prove that their cancer was caused by a workplace exposure to toxins and chemical substances.

Squamous cell cancer is the most common kind of tumor that occurs in cases of cancers that affect the upper two thirds of the esophagus. The lower third of the esophagus is more often affected by adenocarcinoma. Bladder cancer lawsuit that are caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.

A widow claimed CSX Railroad exposed their husband to a number harmful substances while he worked that led to the death of his stomach cancer. The Court has however granted the Defendant’s Motion for Summary Judgment. Non-Hodgkin's lymphoma lawsuit were dismissed.

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

The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer from injuries or illness because of their work. The FELA allows workers to claim compensation if they suffer injuries that cause trauma, or worsen pre-existing conditions, or occupational diseases such as cancer. An experienced railroad esophageal carcinoma lawyer can review your case and explain how the law is applicable to your particular situation.

Railroad cases must be filed in federal court. This differs from a typical workplace accident lawsuit filed with the state workers' compensation court or the state industrial court. This is because FELA is a federal statute that sets the stage for all other land-based worker's insurance laws and maritime law in the United States.

You have a short time to bring a FELA suit. You must start a lawsuit within three years of the date that you were diagnosed and have known it was a work-related health issue. An attorney who has experience in FELA will be able to help you determine when the three-year time frame begins to run.

In a recent case an 62-year old railroad worker was awarded damages of $500 for pain and suffering that was related to his esophageal tumor. The plaintiff claimed that exposure to diesel fumes and asbestos - - both of which he was aware of at the time of his diagnosis - led to his cancer.

How Much Damages Could I Recover in a Train Esophageal Cancer Case?

Railroad workers who contract esophageal cancer due to their work can be entitled to compensation for medical expenses, lost earnings and suffering. These are referred to as economic damages, and are awarded in a case of railroad cancer. Non-economic damages, like emotional distress, are available in a number of cases.

Expert witnesses could be used by railroad injury attorneys to establish the link between negligence on the part of an employer and esophageal or other illnesses. For example, a former worker at an repair shop for trains could have been exposed to solvents like paint and degreasing chemical that could may be a risk to cancer of the esophagus. In some instances, military service at Camp Lejeune could have predisposed to develop esophageal carcinoma.

In one instance, our client was awarded $6.1 Billion as part of an action-based settlement for exposure to volatile organic compound in the drinking water of Camp Lejeune which led to the development of esophageal carcinoma in some veterans. There are many other factors that affect the amount a plaintiff will receive in a railroad-related injury case, such as how they stayed at Camp Lejeune, and how they are suffering from the cancer. At Sokolove Law, we will endeavor to maximize your compensation and help you get the justice you deserve. Contact us for more information about the case.

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