FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad lawsuits employees to claim compensation for illnesses or injuries that result from their work environment. A skilled FELA cancer lawyer can assist you seek compensation for both economic as well as non-economic losses.

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

How Do Railroad Workers File Cancer Claims?

Railroad workers diagnosed with cancers that could be due to exposure to the workplace may be in a position to claim compensation. This is usually done by filing an FELA claim (Federal Employers Liability Act). The law permits employees who have been injured on the job to sue their employers for damages that cover medical expenses as well as lost wages and other expenses.

When it comes to a lawsuit for railroad cancer, Wasatch Railroad Contractors Lawsuit it is crucial to be aware that some cancers may go unnoticed for years or decades. This makes it difficult for some patients to connect their diagnosis with their work on the railroad. It is important to contact an FELA lawyer with experience as soon as you receive a cancer diagnosis.

A FELA attorney who has experience will be able to assess the situation and determine whether a worker is eligible to make a FELA suit. In most instances, a worker has to bring a suit within three years of being diagnosed with cancer and having reason to know that the cancer was due to their railroad work.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death of her husband Marvin Frieson. He died of stomach cancer that was spreading to his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing substances while working for CSX and that the railroad had failed to take appropriate precautions to safeguard him from suffering injuries.

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

Since railroads were a key method of transporting passengers prior to when airplanes were popular, people on trains often came in contact with a range of chemicals that could cause cancer. Railroad workers were frequently exposed to carcinogens when they were working on the railways, working on or maintaining them, or in their shops. These include diesel fumes solvents and asbestos.

People who work in railroad industry are more likely to develop cancer than people working in other professions. A railroad cancer injury attorney can assist a former rail worker prove that their cancer was caused by workplace exposure to chemicals and toxins.

Squamous cell cancer is the most frequent kind of tumor that occurs when it comes to cancers that affect the upper two-thirds of the esophagus. The lower third of the esophagus can be more often affected by the adenocarcinoma. Other risk factors for esophageal carcinoma that are caused by occupational exposure to chemicals and toxins include smoking, reflux and achalasia.

A widow claimed that CSX Railroad exposed their husband to a number toxic substances during his job which resulted in his stomach cancer dying. The Court did, however, grant the Defendant's Motion for Summary Judgment. All claims were dismissed.

How do Railroad Workers File a Claim for Compensation Under FELA?

The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers for injuries and illnesses that happen due to work-related conditions. The FELA enables workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. A knowledgeable railroad esophageal cancer lawyer could review your case and explain how the law will apply to your situation.

union pacific railroad lawsuit cases must be filed in federal court. This is different from a standard workplace accident lawsuit that is filed with state workers' compensation court or the state industrial court. This is due to the fact that FELA is a federal law, and it sets the foundation for all land-based worker's compensation laws and maritime law in the United States.

You have a limited time to file a FELA suit. A lawsuit must be filed 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 help you determine the start of that three-year period.

In a recent court case, a 62 year old wasatch railroad contractors lawsuit, tate-casey.hubstack.net, worker was awarded damages of $500 for pain and suffering that was related to his esophageal tumor. The plaintiff claimed that his exposure to diesel fumes as well as asbestos - both of which he had knowledge of at the time of 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 as a result of their work can be entitled to compensation for medical expenses, lost earnings and suffering. In a case involving cancer in the railroad, these are called economic damages. In many cases, non-economic damages such as emotional distress are also awarded.

Expert witnesses could be used by railroad controls limited lawsuit injury attorneys to establish the link between the negligence of the employer and esophageal, or other diseases. For instance the former worker at a repair shop for trains might have been exposed to solvents such as paint and degreasing chemicals, which are a risk for Esophageal cancer. In certain instances there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.

In one instance our client was awarded $6.1 Billion as part of a class-action settlement for the exposure to volatile organic compound in the drinking water of Camp Lejeune which led to people suffering from esophageal cancer. There are a myriad of other factors that affect the amount of compensation a plaintiff will receive in their railroad injury case, such as the they stayed at Camp Lejeune, and how they are suffering from the cancer. We will maximize your compensation with Sokolove Law and ensure that you get the compensation you deserve. Contact us today to learn more about your case.