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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries caused by their work environments. A knowledgeable FELA cancer lawyer can assist you seek damages for economic as well as non-economic losses.
Interstitial lung disease lawsuit must make a claim under FELA within three years of the date you learn about your diagnosis and know that your condition is related to your railroad employment. An attorney can assist you determine the date at which this timeframe begins to run.
How railroad workers file cancer claims?
Railroad workers who are diagnosed with cancer that may be related to their exposure to work 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 employers to recover damages, which could include medical costs, lost wages, and other costs.
One important consideration when it is about a railroad cancer lawsuit is that the symptoms of certain cancers may be inactive for years or even decades. This makes it difficult for some patients to connect their diagnosis to their work on the railroad. It is crucial to speak with an FELA lawyer with experience immediately you get a cancer diagnosis.
An experienced FELA attorney will be able to assess the situation and help workers determine whether they have an argument for a FELA lawsuit. In most cases, a worker must file a lawsuit within three years of being diagnosed with cancer. They must also know or have a reason to believe that their work in the railroad industry has caused the cancer.
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 that was spreading 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 did not make the necessary safety precautions to safeguard him from harm.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the principal form of transportation for passengers prior to airplanes becoming popularized, workers on trains came into contact with numerous chemicals that could cause cancer. A lot of railroad workers were exposed to carcinogens during their time worked on the railways, running or maintaining them, or in shops. Interstitial lung disease lawsuit include diesel fumes, asbestos and solvents.
Research has proven that those working on railroads could be more likely to be diagnosed with a variety of different kinds of cancer than those who work in other occupations. This is why a skilled railroad cancer lawyer could assist an ex-railroad worker prove that his or her cancer was the result of a exposure to toxins in the workplace as well as chemical substances.
In cases that involve cancers that affect the upper two-thirds esophagus, the most common histologic type of cancer is squamous cells carcinoma. Adenocarcinoma is more common in the lower third. Other factors that increase the risk of esophageal cancer that are caused by occupational exposure to chemicals and toxins include reflux, tobacco-smoking, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a number of toxic substances during the job, which resulted in his death from stomach cancer. The Court was able to grant the Defendant's Motion for Summary Judgment. All claims were dismissed.
How do railroad workers file a claim to be compensated under the 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 allows workers to seek compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases such as cancer. A railroad esophageal carcinoma lawyer can examine your case and explain how the law applies to your specific situation.
Railroad cases must be filed in federal court. This is different from a standard workplace injury lawsuit filed with state workers' compensation court or a state industrial court. This is because FELA is a federal statute that sets the tone for all land-based worker's compensation laws and maritime law in the United States.
It is crucial to remember that you have a short amount of time to make a FELA lawsuit. You must file a lawsuit within three years from the date that you were diagnosed and have known it was a health issue that was caused by work. An attorney who has experience in FELA can assist you in determining the date that the three-year period begins to begin.
In a recent instance, an employee of a railroad aged 62 was awarded damages of $500 for suffering and pain due to esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes as well as asbestos - - both of which he knew of at the time of his diagnosis - triggered his cancer.
How much can I receive in damages from a railroad esophageal cancer case?
Railroad workers who develop cancer of the esophagus due to their job could be entitled to compensation for medical expenses, lost earnings and suffering. These are referred to as economic damages, and may be awarded in a lawsuit for railroad cancer. In many instances other damages, such as emotional distress are also available.
Expert witnesses could be used by railroad injury lawyers to establish the link between the negligence of the employer and esophageal or another diseases. Esophageal cancer lawsuit who was employed at the train repair facility could be exposed to solvents, such as paint and degreasing substances that can lead to 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 instance, our client was awarded $6.1 Billion as part of a settlement in a class action for exposure to volatile organic compound in the drinking water in Camp Lejeune which led to the development of esophageal carcinoma in some veterans. But there are many other factors that could affect the amount of money a plaintiff receives in their railroad injury claim such as the amount of time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your compensation with Sokolove Law and ensure that you get the compensation you deserve. Contact us for more information about the case.
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