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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 FELA lawyer with experience in cancer could assist you in seeking damages for both economic losses and non-economic ones.

You must file a claim for compensation under FELA within three years of the date you discover that you have a diagnosis and are aware that your illness is linked to your railroad work. A lawyer can assist you in determining the time when this period starts to begin.

How Do Railroad Workers File Cancer Claims?

People who have been diagnosed with cancer, that could be related to their work environment, may be eligible to make claims.  Bladder cancer lawsuit  is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employers for damages, which can include medical costs or lost wages, as well as other expenses.

One of the most important aspects to consider when it is a railroad  cancer lawsuit  is that signs of certain cancers may be buried for years, even decades. This makes it difficult for some patients to link their diagnosis to their involvement in the railroad. This is why it's vital to contact an experienced FELA lawyer immediately following a cancer diagnosis.

A FELA attorney who has experience will be able to evaluate the situation and determine whether a worker is eligible to file a FELA suit. In most cases, the worker has to file a lawsuit within three years of being diagnosed with cancer. They must also be aware or have evidence that their work on railroads contributed to the cancer.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death of her husband Marvin Frieson.  Bladder cancer lawsuit  died from stomach cancer that had spread to his esophagus and colon. The widow alleged that her husband had been exposed to asbestos-containing material while working for CSX and that the railroad failed to take proper safety precautions to protect him from harm.

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

Because railroads were the main form of transportation for passengers prior to airplanes becoming popular, train workers came into contact with many substances that can cause cancer. It didn't matter if they were building railways, maintaining or operating trains, or working in a shop, a lot of railroad workers were exposed carcinogens with a high risk of causing cancer on a daily basis. These include diesel fumes, solvents and asbestos.

Research has proven that those working on railroads could be more likely to develop a variety of different forms of cancer than people working in other occupations. For this reason, a skilled railroad cancer lawyer could help an ex-railroad worker establish that the cancer was caused by a exposure to toxins in the workplace as well as chemical substances.

In cases involving cancers that affect the upper two-thirds of the esophagus, the most common histologic kind of tumor is squamous cell carcinoma. The lower one-third of the esophagus are more frequently affected by cancer called 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 her husband to a variety of toxic substances while at the job, which led to his death from stomach cancer. The Court did, however, grant the defendant's Motion for Summary Judgment. All claims were dismissed.

How do  Leukemia lawsuit  file a claim for compensation under the FELA?

The Federal Employers Liability Act allows railroad workers to sue their employers when they suffer injuries or illnesses from working conditions. The FELA allows workers to seek compensation for traumatic injuries or aggravations of pre-existing ailments and occupational diseases such as cancer. An experienced railroad esophageal esophagus cancer lawyer could review your case and explain how the law is applicable to your specific situation.

In contrast to a typical workplace injury lawsuit filed in state workers' compensation or state industrial court, railroad cases must be filed in federal court. The reason for this is that FELA the federal statute that sets the standard for all laws regarding worker's comp on maritime and land law across the United States, is the base of the railroad cases.

It is important to remember that you only have a specific amount of time to make a FELA lawsuit. A suit must be brought within three years from the date you were diagnosed with your disease and you should have known that it was work-related. A lawyer with experience in FELA can assist you in determining the time frame for that three-year period.

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

How Much Damages can I Receive in a Railroad Esophageal Cancer Case?

Railroad workers who contract cancer of the esophagus due to their work may be entitled to compensation for medical expenses, lost earnings and discomfort. These are referred to as economic damages, and are awarded in a case of railroad cancer. In many cases other damages, such as emotional distress are also available.

Railroad injury attorneys can use experts to establish a link between the negligence of an employer and the worker's esophageal cancer or other diseases. For instance a former employee at an repair shop for trains could have been exposed to solvents such as paint and degreasing chemicals, which have a high risk of causing cancer of the esophagus. In certain instances the military experience at Camp Lejeune could have predisposed to develop esophageal carcinoma.

In one instance our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds in the drinking water at Camp Lejeune that led to veterans' esophageal cancer. There are many other factors that affect the amount a plaintiff can receive in their railroad injury claim, such as how long they spent at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will strive to maximize your amount of compensation and get you the justice you deserve. Contact us today to learn more about your case.