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11 "Faux Pas" That Actually Are Okay To Do 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 injuries and illnesses caused by their workplaces. A FELA lawyer can help you seek damages for both economic losses as well as non-economic ones.

You must file a claim for compensation under FELA within three years from the time you learn about your diagnosis and are aware that your health issue is connected to your railroad employment. An attorney can assist in determining the time when this period starts to run.

How Do Railroad Workers File Cancer Claims?

Railroad workers who have been diagnosed with cancer that may be due to their exposure to the workplace may be qualified to file a claim for compensation. This is usually done via what is known as a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employer for damages. These could include medical costs or lost wages, as well as other expenses.

One of the main considerations when it concerns a railroad-related cancer lawsuit is the fact that symptoms of certain cancers could go dormant for years or even decades. This makes it difficult for some patients to connect their diagnosis to their work on the railroad. This is why it is so important to contact an experienced FELA lawyer as soon as possible after an announcement of cancer.

A FELA attorney with experience can analyze the situation and determine if workers have a case to bring a FELA suit. In the majority of cases, workers must file a lawsuit within three years of being diagnosed with cancer and having a reason to know that the cancer was caused by their work on the railroad.

At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who died of stomach cancer that had developed into his esophagus and colon. The widow claimed that her late husband had been exposed asbestos-containing material while working for CSX and that the railroad failed to take appropriate safety measures to protect him from suffering injuries.

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


Because railroads were the main mode of transport for passengers before airplanes became popular, train workers came into contact with a myriad of chemicals that can cause cancer. It didn't matter if they were building railroads, maintaining or operating trains, or working in a shop, numerous railroad workers were exposed to 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 likely to get cancer than people who work in other occupations. A lawyer who specializes in railroad cancer could help a former rail worker establish that their cancer was caused by work exposure to toxic chemicals and chemicals.

In cases that involve cancers that affect the upper two-thirds of the esophagus. The most prevalent histologic type of cancer is squamous cells carcinoma. The lower third of the esophagus is frequently affected by Adenocarcinoma. Other risks for esophageal tumors that are caused by occupational exposure to chemicals and toxins include smoking, reflux and achalasia.

A widow claimed that CSX Railroad exposed their husband to toxic substances during his job and led to the death of his stomach cancer. However cancer lawsuits granted the Defendant's Motion for Summary Judgment and dismissed all claims.

How do railroad workers file a claim for compensation under the FELA?

The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers for injuries and illnesses that occur due to working conditions. The FELA enables workers to claim compensation for injuries sustained in traumatic accidents and aggravations to pre-existing conditions and occupational diseases like cancer. An experienced railroad esophageal cancer lawyer can review your case and explain how the law is applicable to your situation.

As opposed to a standard workplace injury lawsuit that is filed in state workers' compensation or state industrial court railroad cases require filing in federal court. Pancreatic cancer lawsuit is due to the fact that FELA is a federal statute, and it sets the tone for all land-based worker's comp laws and maritime law in the United States.

There is a limit on the time to file a FELA suit. You must submit a lawsuit within three years of the date that you were diagnosed and have known that it was a work-related health issue. An attorney who has expertise in FELA can assist you in determining when that three-year period starts to run.

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

How much can I receive in damages from an esophageal cancer involving the railroad?

Railroad employees suffering from esophageal tumors caused by their jobs may be entitled to compensation for their medical expenses as well as loss of earnings and pain and suffering. In the case of a railroad cancer, these are called economic damages. In Bladder cancer lawsuit -economic damages like emotional distress are also possible.

Railroad injury attorneys could use experts to establish a link between an employer's negligence and the worker's esophageal cancer or another disease. For instance the former worker at the repair shop for trains may have been exposed to solvents such as paint and degreasing chemicals that pose a risk for esophageal cancer. In some instances, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal carcinoma.

In one case our client was awarded $6.1 Billion as part of a settlement in a class action for exposure to volatile organic compounds in the drinking water of Camp Lejeune which led to veterans developing esophageal carcinoma. There are a myriad of other factors that influence the amount a plaintiff will receive in a railroad-related injury case, including how they stayed at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will work to maximize your compensation and help you get the justice you deserve. Contact us today to find out more about your case.

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