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12 Facts About Railroad Lawsuit Black Lung Disease To Make You Think About The Other People
FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad employees to claim compensation for illnesses or injuries resulting from their work environment. A FELA lawyer with experience in cancer could help you seek damages for both economic and non-economic ones.

You must file a claim for compensation under FELA within three years from the time you learn about your diagnosis and realize that your illness is linked to your railroad employment. A lawyer can help you determine when this time frame begins to run.

How do railroad workers file cancer claims?

Railroad workers who have been diagnosed with cancer that may be related to their exposure to their work might be able to claim compensation. Interstitial lung disease lawsuit is typically done by filing an FELA claim (Federal Employers Liability Act). The law permits employees who have been injured on the job to sue their employers for damages that cover medical costs, lost wages and other expenses.

When it is time to file a suit for railroad cancer, it's important to keep in mind that certain cancers may go unnoticed for years or even decades. Some patients may have difficulty to link their diagnosis with their railroad work. This is why it is essential to consult an experienced FELA lawyer immediately after the diagnosis of cancer.

A FELA attorney with experience will be able evaluate the situation and determine if workers have a case to submit a FELA suit. In most cases, a worker must file a lawsuit within three years of being diagnosed with cancer and having reason to know that the cancer was caused by their work in the railroad industry.

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 colon and esophagus. The widow alleged that her late husband was exposed to asbestos-containing material when working for CSX and that the railroad failed to make the necessary safety precautions to protect him.

What are the common causes of Esophageal Cancer in the Railroad Industry?

Since railroads were a key method of transporting passengers prior to when airplanes were popular, people on trains were often in contact with a myriad of chemicals that could cause cancer. A lot of railroad workers were exposed to carcinogens during their time were working on railways, operating or maintaining them, or in the shops. These include diesel fumes, solvents and asbestos.

Studies have shown that people who work for railroads could be more likely to be diagnosed with a variety of different kinds of cancer than people who work in other occupations. Because of this, a skilled railroad cancer lawyer could assist an ex-railroad worker prove that his or her cancer was the result of a work-related exposure to toxic chemicals and chemical substances.

In cases involving cancers that affect the upper two-thirds of the esophagus. The most common histologic type of cancer is squamous-cell carcinoma. The lower third of the esophagus can be more frequently affected by adenocarcinoma. Other risk factors for esophageal cancer that are caused by work-related exposures to toxins and chemicals include smoking cigarettes, reflux, and achalasia.

A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances while at his job and that this led to his death from stomach cancer. The Court has however granted 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 allows railroad workers to sue their employers if they suffer from illness or injuries due to work conditions. The FELA allows workers to seek compensation for injuries sustained in traumatic accidents and aggravations to pre-existing conditions and occupational diseases such as cancer. An experienced railroad esophageal esophagus cancer lawyer can review your case and explain how the law will apply to your situation.

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


It is crucial to remember that you have a specific amount of time to file a FELA lawsuit. A suit must be brought within three years of the date you were diagnosed with your illness and you should have realized that it was a work-related issue. A lawyer who has experience in FELA can assist you in determining the date of the three-year period.

In a recent instance, a railroad worker aged 62 was awarded $500 in damages in compensation for pain and suffering relating to esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes as well as asbestos and asbestos - both of which he had knowledge of at the time of the diagnosis - caused the cancer.

What Damages Can I Expect to Receive in a Railroad Esophageal Cancer Case?

Railroad workers who contract Esophageal cancer as a result of their work can be entitled to compensation for medical expenses, lost earnings and discomfort. These are referred to as economic damages, and they are awarded in a railroad cancer lawsuit. Non-economic damages, for instance emotional distress, are also offered in a variety of cases.

Expert witnesses may be utilized by railroad injury attorneys to establish a link between negligence on the part of an employer and esophageal or another diseases. A former employee of an repair facility for trains could be exposed to solvents such as paint and degreasing agents which can cause esophageal carcinoma. In some instances there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.

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 of Camp Lejeune which led to veterans developing esophageal carcinoma. There are a myriad of other factors that determine the amount a plaintiff can receive in their railroad injury case, such as how long they were at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will work to maximize your compensation and help you get the justice you deserve. Contact us today for more about your case.

Website: https://sites.google.com/view/railroadcancersettlements
     
 
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