FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries caused by their work environment. A knowledgeable FELA cancer lawyer can assist you seek damages for economic as well as non-economic losses.

You must make a claim under FELA within three years after you learn about your diagnosis and you are aware that the illness is linked to your railroad work. An attorney can assist in determining the time when this period starts to run.

How Do railroad lawsuit lung cancer Workers Claim Cancer Claims?

Patients diagnosed with cancer, that could be related to their work environment are able to make a claim. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law permits those who have been injured on the job to pursue their employers for damages that cover medical costs or lost wages as well as other expenses.

When it is time to file a lawsuit against railroad cancer, it is important to remember that some cancers might go unnoticed decades or years. This makes it difficult for some patients to connect their diagnosis to their involvement in the railroad. It is crucial to speak with an FELA lawyer with experience as soon as you receive 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 most cases, a person filing a lawsuit must do so within three years of being diagnosed with cancer. They must also know or have reason to believe that their railroad work caused the cancer.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death her husband Marvin Frieson. He died from stomach cancer that had spread to his esophagus and colon. The widow alleged that her husband was exposed to asbestos-containing products when working for CSX and that the railroad did not take proper safety precautions to safeguard him.

What Are the Common Causes of Esophageal Cancer in the Railroad Industry?

Since railroads were the primary form of transportation for passengers before airplanes became popularized, workers on trains came into 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 railroads, maintaining or operating them, or in the shops. These include diesel fumes, solvents and asbestos.

The people who work in the railroad industry are more likely to develop cancer than those who work in other professions. This is why a knowledgeable railroad cancer injury lawyer could assist an ex-railroad worker prove that the cancer was the result of a workplace exposure to toxins and chemical substances.

In cases that involve cancers that affect the upper two-thirds of esophagus. The most common histologic type of tumor is squamous cells carcinoma. Adenocarcinoma tends to be more prevalent in the lower third. Other factors that increase the risk of esophageal cancer that are caused by work-related exposure to chemicals and toxins include smoking tobacco, reflux, and achalasia.

A widow claimed that CSX railroad lawsuit lymphoma (Read A lot more) exposed her husband lawsuit to a variety of toxic substances during his job, and that this caused his death due to 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 allows railroad employees to sue their employers when they suffer injuries or get sick due to work conditions. The FELA allows workers to claim compensation if they suffer injuries that cause trauma, aggravate pre-existing conditions or occupational illnesses such as cancer. An experienced railroad lawsuit multiple myeloma esophageal cancer lawyer can review your case and explain how the law will apply to your particular situation.

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

It is important to remember that you have a limited period of time to start a FELA lawsuit. You must make a claim within three years of the date you were diagnosed and have known it was a work-related health issue. A lawyer who has experience in FELA can help you determine the start of that three-year period.

In a recent case, an 62-year old railroad worker was awarded damages of $500 for pain and suffering due to his esophageal cancer. The plaintiff claimed that his exposure to diesel fumes and asbestos - both of which he was aware of prior to the diagnosis - caused the cancer.

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

Railroad workers who suffer from cancer of the esophagus due to their job may be entitled compensation for medical expenses, lost earnings, and suffering. In a case involving cancer in the railroad this is known as economic damages. In many cases there are also non-economic damages, like emotional distress are also awarded.

Railroad injury attorneys could use experts to establish a connection between negligence by an employer and the worker's esophageal cancer or other diseases. A former employee of the train repair facility could be exposed to solvents such as paint or degreasing substances that can lead to cancer of the esophageal tract. In some instances the military experience at Camp Lejeune could have predisposed to develop esophageal cancer.

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 of Camp Lejeune which led to patients developing esophageal cancer. There are a myriad of other factors that influence the amount that a plaintiff will be awarded in their railroad lawsuit pulmonary fibrosis accident case, including how long they stayed 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 for more about your case.