FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries caused by their workplace. A FELA lawyer with experience in cancer could assist you in seeking damages for both economic losses and non-economic ones.
You must submit a claim under FELA within three years after you learn about your diagnosis and realize that your health issue is connected to your employment at a railroad. An attorney can assist in determining when this period begins to run.
How railroad workers file cancer claims?
Anyone diagnosed with cancer that could be related to their work-related exposure might be able to make an insurance claim. This is usually done by filing a FELA claim (Federal Employers Liability Act). The law allows those who have been injured while working to sue their employers for damages that cover medical costs loss of wages, medical expenses and other expenses.
One important consideration when it concerns a railroad-related cancer lawsuit is the fact that symptoms of some cancers can remain undiscovered for years, or even decades. This makes it challenging for some patients to connect their diagnosis to their involvement in the railroad. This is why it's crucial to speak with an experienced FELA lawyer immediately following a cancer diagnosis.
An experienced FELA attorney can evaluate the situation and assist workers determine if they are in a case for a FELA lawsuit. In the majority of cases, a worker must present a suit within three years of being diagnosed with cancer and knowing or having the reason to know that the cancer was caused by their work on the railroad.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death her husband Marvin Frieson. He died of stomach cancer that was spreading to his esophagus and colon. The widow claimed that her late husband had been exposed to asbestos-containing materials while working for CSX, and that the railroad was unable to take the proper precautions to safeguard his injuries.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Since railroads were a key mode of transportation for passengers before planes became popular, employees on trains often came into contact with a myriad of chemicals that could cause cancer. When they were building railways, maintaining or operating trains, or working in a workshop, many railroad workers were exposed to carcinogens that could cause cancer on a regular basis. They were exposed to asbestos, diesel fumes, and solvents.
People who work in the railroad industry are more likely to get cancer than people who work in other occupations. For this reason, a knowledgeable railroad cancer injury lawyer can assist an ex-railroad worker prove that his or her cancer was caused by a exposure to toxins in the workplace as well as chemical substances.
Squamous cell cancer is the most common type of tumor in cases of cancers that affect the upper two-thirds of the esophagus. The lower one-third of the esophagus is more often affected by the adenocarcinoma. Other risk factors that are caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.
A widow claimed that CSX Railroad exposed their husband to a number harmful substances while he worked, which led to the death of his stomach cancer. However the Court granted the Defendant's Motion for Summary Judgment and dismissed all claims.
How do railroad employees make a claim for compensation under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers over injuries and illnesses that arise because of work conditions. The FELA permits workers to claim 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 evaluate your case and explain the law's relevance to your specific situation.
Unlike a standard workplace injury lawsuit filed in state workers compensation or a state industrial court railroad cases require filing in federal court. The reason for this is because FELA the federal statute which 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.
You have a limited time to file a FELA suit. You must file a lawsuit within three years from the date that you were diagnosed and should have known it was a work-related health issue. An experienced lawyer in FELA can help you determine the start of that three-year period.
In a recent case, a 62 year old railroad employee was awarded damages of $500 for pain and suffering related to his esophageal cancer. The plaintiff claimed exposure to diesel fumes and asbestos and asbestos - both of which he knew of prior to his diagnosis - led to his cancer.
How Much Damages Can I Expect to Receive in a Railroad Esophageal Cancer Case?
Railroad workers who suffer from esophageal cancer caused by their work may be entitled to compensation for medical expenses as well as loss of earnings and suffering and pain. In a case involving cancer in the railroad, these are called economic damages. In many instances there are also non-economic damages, like emotional distress are also awarded.
Expert witnesses may be utilized by railroad injury attorneys to establish a link between negligence on the part of the employer and esophageal, or other illnesses. A former employee of a train repair facility might be exposed to solvents like paint and degreasing substances that can lead to esophageal carcinoma. In some cases, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal cancer.
In one case our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds in drinking water at Camp Lejeune that led to veterans' esophageal cancer. There are a variety of other factors that affect the amount that a plaintiff will be awarded in their railroad accident case, such as how long they stayed at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will work to maximize your amount of compensation and get you the justice you deserve. Contact railroad lawsuits for more about your case.