FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for illnesses and injuries that result from their work environment. A FELA lawyer for cancer can assist you in obtaining damages for both economic losses and non-economic ones.

Under FELA the law, you must make a claim within three years of finding out about your diagnosis and knowing your illness was connected to your railroad work. An attorney can assist in determining when this timeframe starts to begin.

How do railroad workers file claims for cancer?

Railroad workers who are diagnosed with cancer that could be caused by their exposure to work may be in a position to file a claim for compensation. This is usually done by filing an FELA claim (Federal Employers Liability Act). The law allows employees who have been injured while working to claim damages against their employers that cover medical costs as well as lost wages and other costs.

A key aspect to take into consideration when it comes to a railroad cancer lawsuit is that symptoms of certain cancers could be buried for years, even decades. Some patients may find it difficult to link their diagnosis with their railroad lawsuit acute myeloid leukemia work. This is why it is crucial to speak with an experienced FELA lawyer immediately after the diagnosis of cancer.

A FELA attorney with years of experience can analyze the situation and determine whether workers are eligible to file a FELA suit. In most cases, a worker must bring a suit within three years of being diagnosed with cancer and having a reason to know that the cancer was caused by their railroad work.

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 metamorphosed to his colon and esophagus. The widow alleged that her husband had been exposed to asbestos-containing substances when working for CSX and that the railroad did not employ the appropriate safety measures to safeguard him from harm.

What are the most common causes of cancer of the esophagus in the railroad industry?

Because railroads were the principal mode of transport for passengers prior to the time that airplanes became popularized, workers on trains came into contact with a myriad of chemicals that can cause cancer. When they were building railways, operating trains, or working in a workshop, many railroad workers were exposed to carcinogens with a high risk of causing cancer on a daily basis. These include diesel fumes asbestos and solvents.

Studies have revealed that people who work in railroads could be more likely to develop a variety of different kinds of cancer than people who work in other fields. In this regard, a knowledgeable railroad cancer injury lawyer can help an ex-railroad worker prove that their cancer was caused by a exposure to toxic substances in the workplace and chemical substances.

In cases of cancers that affect the upper two-thirds of the esophagus, the most frequent histologic form of tumor is squamous cell cancer. The lower third of the esophagus is often affected by Adenocarcinoma. Other risks for esophageal tumors that result from work-related exposure to chemicals and toxins include smoking tobacco, reflux, and achalasia.

A widow claimed CSX Railroad exposed their husband to toxic substances during his work which resulted in his stomach cancer death. However the Court denied the motion of the Defendant 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 just click the next post illnesses that arise due to work-related conditions. The FELA allows workers to claim compensation when they suffer traumatic injuries, or worsen pre-existing conditions, or occupational illnesses such as cancer. An experienced railroad esophageal carcinoma lawyer will 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 a state industrial court railroad cases need to be filed in federal court. The reason is because FELA the federal statute that sets the standard for all worker's compensation laws on maritime and land law across the United States, is the basis of the railroad lawsuit emphysema cases.

It is crucial to remember that you only have a specific amount of time to file a FELA lawsuit. A suit must be brought within three years from the date you were diagnosed with your illness and you should have realized that it was related to work. An attorney with experience in FELA could help you determine when the three-year period will begin to run.

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

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

Railroad employees suffering from esophageal tumors caused by their work may be entitled to compensation for their medical expenses or loss of earnings as well as suffering. These are known as economic damages, and they may be awarded in a lawsuit for railroad cancer. In many cases other damages, such as emotional distress are also available.

Expert witnesses can be used by railroad injury lawyers to establish a link between the negligence of the employer and esophageal or another illnesses. A former employee of a train repair facility might be exposed to solvents such as paint and degreasing agents which can cause cancer of the esophageal lining. In some cases, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal tumors.

In one case in which our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds found in the drinking water at Camp Lejeune that led to Esophageal cancer of veterans. But there are many other factors that can affect the amount the plaintiff is awarded in their railroad lawsuit laryngeal cancer injury claim including how much time they spent at Camp Lejeune and how severe their esophageal cancer. We will maximize your payout at Sokolove Law and ensure that you get the compensation you deserve. Contact us to find out more about the case.