FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses caused by their work environments. A FELA lawyer can assist you in obtaining damages for both economic losses as well as non-economic ones.
You must file a claim under FELA within three years from the time you are diagnosed and are aware that your condition is related to your work at the railroad. An attorney can assist in determining the time when this period begins to run.
How railroad workers file cancer claims?
Railroad workers diagnosed with cancers that could be caused by their exposure to work may be able to file a claim for compensation. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law allows employees who are injured on the job to claim damages against their employers that pay for medical expenses loss of wages, medical expenses and other expenses.
When it is time to file a suit for railroad cancer, it is crucial to be aware that some cancers may go unnoticed for years or decades. Some sufferers may find it difficult to connect their diagnosis to their railroad work. It is important to contact a FELA lawyer who has experience as soon as you receive a cancer diagnosis.
A FELA attorney with years of experience can analyze the situation and determine whether workers are eligible to bring a FELA suit. In most cases, a person filing a lawsuit must do so within three years after being diagnosed with cancer. They must also know or have reason to believe that their work on the railroad led 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 died of stomach cancer that had developed into his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing materials when working for CSX and that the railroad did not use the proper safety precautions to safeguard him.
What are the common causes of esophageal cancer within the railroad industry?
Since railroads were the primary mode of transport for passengers prior to airplanes becoming well-known, railroad workers came into contact with numerous chemicals that can cause cancer. It didn't matter if they were building railways, operating the trains or working in a shop, a lot of railroad workers were exposed to carcinogens that were dangerous on a regular basis. This includes asbestos, diesel fumes and solvents.
The people who work in the railroad industry are more susceptible to cancer than those working in other fields. For this reason, an experienced 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 that involve cancers that affect the upper two-thirds of the esophagus. The most common histologic form of tumor is squamous cell carcinoma. The lower third of the esophagus can be more frequently affected by adenocarcinoma. Other risk factors caused by exposure to chemicals or toxins at work include smoking or consuming alcohol, as well as reflux and achalasia.
A widow claimed that CSX Railroad exposed their husband to toxic substances during his job and led to his stomach cancer death. However, the Court granted the Defendant's Motion for Summary Judgment and dismissed all claims.
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 happen 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 carcinoma lawyer can review your case and explain how the law is applicable to your particular situation.
Railroad cases have to be filed in federal court. This is different from a standard workplace accident lawsuit filed in the state workers'' compensation court or the state industrial court. The reason for this is that FELA, a federal statute that establishes the standard for all laws regarding worker's comp on maritime and land law in the United States, is the basis for the railroad cases.
It is crucial to remember that you have a specific period of time to start a FELA lawsuit. You must start a lawsuit within three years of the date that you were diagnosed and should have known it was a health issue that was caused by work. An attorney who has experience in FELA will be able to help you determine when that three-year period starts to begin.
In a recent instance, an employee of the railroad who was 62 years old was awarded damages of $500 for pain and suffering related to esophageal cancer. The plaintiff claimed that his exposure to diesel fumes as well as asbestos - both of which he was aware of prior to his diagnosis - caused his cancer.
How Much Damages Can I Receive in a Railroad Esophageal Cancer Case?
Railroad workers who suffer from esophageal cancer due to their job may be entitled compensation for medical expenses, lost earnings, and discomfort. In railroad cancer lawsuit are known as economic damages. In many cases non-economic damages like emotional distress can also be awarded.
Railroad injury lawyers could employ experts to establish a connection between an employer's negligence and the worker's esophageal cancer or other disease. An employee who was employed at the train repair facility could have been exposed by solvents, such as paint and degreasing chemicals that can cause esophageal carcinoma. In certain cases the military experience of a veteran at Camp Lejeune may have predisposed 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 compounds in the drinking water at Camp Lejeune which led to the development of esophageal carcinoma in some veterans. However, there are numerous other factors that can affect the amount of money a plaintiff receives in their railroad injury claim including how much time they spent at Camp Lejeune and how severe their esophageal cancer is. At Sokolove Law, we will strive to maximize your compensation and get you the justice you deserve. Contact us today for more about your case.