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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries resulting from their workplace. A skilled FELA cancer lawyer can assist you seek compensation for both economic and non-economic damages.
You must make a claim under FELA within three years after the time you find out about your diagnosis and are aware that your condition is related to your employment at a railroad. An attorney can help you in determining when the claim period begins to run.
How do railroad workers file cancer claims?
Railroad workers who are diagnosed with cancers that could be caused by their exposure to the workplace may be in a position to claim compensation. This is usually done through what is called a FELA (Federal Employers Liability Act) claim. The law allows those who have been injured on the job to claim damages against their employers which cover medical costs or lost wages as well as other expenses.
One of the main considerations when it is about a railroad cancer lawsuit is that symptoms of certain cancers may remain undiscovered for years, or even decades. This makes it difficult for some patients to link their diagnosis to their work on the railroad. Interstitial lung disease lawsuit is essential to contact an FELA lawyer with experience as soon as you are diagnosed with cancer.
A FELA attorney with experience can evaluate the situation and determine if workers have a case to bring a FELA suit. In the majority of cases, a plaintiff must file a lawsuit within three years of being diagnosed with cancer. Interstitial lung disease lawsuit must also know or have reason to believe that their work in the railroad industry contributed to 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 metastasized to his esophagus and colon. The widow claimed that her husband had been exposed asbestos-containing substances while working for CSX, and that the railroad failed to take adequate safety precautions to protect him from suffering injuries.
What are the common causes of Esophageal Cancer in the Railroad Industry?
As railroads were the primary mode of transportation for passengers before aircrafts became popular, those working on trains frequently came into contact with a range of chemicals that could cause cancer. Whether they were building railroads, maintaining or operating the trains or working in a shop, a lot of railroad workers were exposed carcinogens that were dangerous on a regular basis. These include asbestos, diesel fumes, and solvents.
People who work in the railroad industry are more likely to develop cancer than people working in other fields. For this reason, a knowledgeable railroad cancer injury lawyer can assist an ex-railroad worker prove that his or her cancer was caused by exposure to toxins in the workplace as well as chemical substances.
Squamous cell cancer is the most frequent type of cancer in cases of cancers affecting the upper two-thirds of the esophagus. Adenocarcinoma is more common in the lower third. Other risk factors caused by exposure to toxins or chemicals at work include smoking or consuming alcohol, as well as reflux and achalasia.
A widow claimed CSX Railroad exposed their husband to toxic substances during his job, which led to his stomach cancer dying. The Court was able to 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 for injuries and illnesses that arise because of work conditions. The FELA permits workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. A railroad esophageal carcinoma lawyer can examine your case and explain the law's application to your situation.
Unlike a standard workplace injury lawsuit filed in state workers' compensation or state industrial court railroad cases need to be filed in federal court. The reason for this is that FELA the federal statute which sets the standard for all worker's compensation laws on maritime and land law in the United States, is the basis of the railroad cases.
It is crucial to remember that you only have a short period of time to file a FELA lawsuit. You must submit a lawsuit within three years of the date you were diagnosed and should have known it was a health issue that was caused by work. A lawyer who has experience in FELA can assist you in determining the start of that three-year period.
In a recent case a 62 year old railroad employee was awarded damages of $500 for pain and suffering due to his esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes as well as asbestos and asbestos - both of which he knew of prior to his diagnosis - triggered his cancer.
How Much Damages Could I Recover in a Train Esophageal Cancer Case?
Railroad workers who contract cancer of the esophagus due to their job may be entitled compensation for medical expenses, lost earnings and pain. In a case involving cancer in the railroad these are known as economic damages. Non-economic damages, like emotional distress, are also available in many cases.
Expert witnesses could be used by railroad injury lawyers to establish a link between negligence on the part of an employer and esophageal or other illnesses. Interstitial lung disease lawsuit who was employed at the train repair facility could have been exposed to solvents, such as paint and degreasing agents which can cause cancer of the esophageal lining. In some instances, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal tumors.
In one case, our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds in drinking water at Camp Lejeune that led to the development of esophageal cancer in veterans. There are a myriad of other factors that impact the amount of compensation a plaintiff will receive in a railroad-related injury case, such as the they stayed at Camp Lejeune, and how severe their cancer is. We will maximize your payout at Sokolove Law and ensure that you get the justice that you deserve. Contact us today to learn more about the case.
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