FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries resulting from their job. A FELA lawyer can help you obtain damages for both economic losses as well as non-economic ones.
You must make a claim under FELA within three years of the date you learn about your diagnosis and know that your illness is linked to your railroad work. An attorney can help determine the date at which this timeframe begins to begin.
How Do Railroad Workers File Cancer Claims?
Patients diagnosed with cancer, which could be due to their work-related exposure could be able to make an insurance claim. This is usually done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employer for damages. These could include medical expenses as well as lost wages and other expenses.
When it is time to file a suit for railroad cancer, it's important to remember that some cancers may go unnoticed for decades or years. This makes it difficult 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 an announcement of cancer.
An experienced FELA attorney can assess the situation and help workers determine whether they have an argument for an FELA lawsuit. In most cases, the worker has to file a lawsuit within three years after being diagnosed with cancer. They must also be aware or have reason to believe that their work in the railroad industry contributed 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 suffered from stomach cancer that had metastasized to his colon and esophagus. The widow claimed that her husband was exposed to asbestos-containing material when working for CSX and that the railroad failed to use the proper safety precautions to protect him.
What are the most frequent causes of esophageal cancer in the railroad industry?
Since railroads were a major form of passenger transportation before airplanes became popular, workers on trains frequently came into contact with a variety 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.
The people who work in the railroad industry are more susceptible to cancer than those who work in other fields. Because of this, an experienced railroad cancer lawyer could help an ex-railroad worker prove that his or her cancer was caused by a workplace exposure to toxins and chemical substances.
In cases that involve cancers that affect the upper two-thirds esophagus. The most prevalent histologic kind of tumor is squamous cell carcinoma. Adenocarcinoma is more prevalent in the lower third. Other risk factors for esophageal carcinoma that are caused by occupational exposure to chemicals and toxins include reflux, tobacco-smoking, and achalasia.
A widow claimed that CSX Railroad exposed their husband to a variety of harmful substances while he worked which resulted in his stomach cancer dying. However, the Court denied the motion of the Defendant for Summary Judgment and dismissed all claims.
How do railroad employees submit a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers when they suffer injuries or illnesses due to work conditions. The FELA allows workers to claim compensation when they suffer injuries that are traumatic, or worsen pre-existing conditions, or occupational diseases, such as cancer. A knowledgeable railroad esophageal cancer lawyer could review your case and explain how the law applies to your particular situation.
In contrast to a typical workplace injury lawsuit filed in state workers compensation or state industrial court, railroad cases have to be filed in federal court. The reason is that FELA is a federal statute that establishes the standard for all worker's compensation laws on maritime and land laws across the United States, is the basis of the railroad cases.
You have a short time to submit a FELA suit. A suit must be brought within three years of the time you were diagnosed with the illness and should have known that it was work-related. A lawyer who has experience in FELA will help you determine the start of that three-year period.
In a recent instance, a railroad worker aged 62 was awarded $500 in damages for pain and suffering due to esophageal cancer. The plaintiff claimed that exposure to diesel fumes and asbestos - both of which he had knowledge of at the time of his diagnosis - triggered his cancer.
What amount can I expect in damages for a railroad esophageal cancer case?
Railroad workers who suffer from esophageal tumors caused by their work can be entitled to compensation for their medical expenses and loss of earnings and suffering. In the case of a railroad cancer these are known as economic damages. In lawsuits against union pacific railroad , non-economic damages such as emotional distress can also be awarded.
Railroad injury attorneys can use experts to establish a connection between negligence by an employer and the worker's esophageal tumor or other diseases. An employee who was employed at a train repair facility might have been exposed to solvents such as paint and degreasing agents which can cause Esophageal cancer. In some cases there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.
In one case that we handled, 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. However, there are numerous other factors that affect the amount of money a plaintiff gets in their railroad injury claim, such as the amount of time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your compensation at Sokolove Law and ensure that you get the compensation you deserve. Contact us to learn more about the case.