20 Myths About Railroad Lawsuit Black Lung Disease: Busted
FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries that result from their work environment. A FELA cancer lawyer could help you obtain damages for both economic and non-economic ones.
You must file a claim under FELA within three years from the time you learn about your diagnosis and you are aware that the medical condition is related to your railroad employment. An attorney can assist in determining when this period starts to begin.
How Do Railroad Workers File Cancer Claims?
Railroad workers diagnosed with cancers that could be caused by their exposure to the workplace may be eligible to file a claim for compensation. This is usually done through what is known as a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employers for damages. These could include medical expenses loss of wages, medical expenses, and other expenses.
When it is time to file a suit for railroad cancer, it is crucial to be aware that some cancers might go unnoticed decades or years. This makes it challenging for some patients to connect their diagnosis with their involvement in the railroad. This is why it's so important to contact an experienced FELA lawyer immediately after an announcement of cancer.
A FELA attorney with years of experience can examine the situation and decide whether a worker is eligible to bring a FELA suit. In the majority of cases, a worker has to file a lawsuit within three years after being diagnosed with cancer. They must also know or have evidence that their work on railroads led to the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death her husband Marvin Frieson. He died from stomach cancer, which had spread to his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing materials while working for CSX and that the railroad was unable to take adequate safety precautions to prevent him from getting injured.
What are the common causes of esophageal cancer in the railroad industry?
Because railroads were a crucial mode of transportation for passengers before planes became popular, employees on trains often came in contact with a myriad of chemicals that could cause cancer. Railroad workers were frequently exposed to carcinogens during their time were working on the railways, working on or maintaining them, or working in shops. They were exposed to asbestos, diesel fumes, and solvents.
Studies have shown that people working on railroads could be more susceptible to developing a variety of different types of cancer than those who work in other fields. For this reason, a skilled railroad cancer lawyer could assist a former railroad worker prove that their cancer was caused by a exposure to toxic substances in the workplace and chemical substances.
In cases where cancers affect the upper two-thirds of the esophagus, the most frequent histologic type of tumor is squamous-cell carcinoma. Adenocarcinoma is more common in the lower one-third. Other risk factors for esophageal carcinoma that is caused by work-related exposure to chemicals and toxins include reflux, tobacco-smoking, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances during the job, which caused his death from stomach cancer. Leukemia lawsuit has however granted the Defendant's Motion for Summary Judgment. All claims were dismissed.
How do railroad workers file a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad workers to sue their employers if they suffer from injuries or illness from working conditions. The FELA allows workers to seek compensation if they suffer injuries that are traumatic, or worsen pre-existing conditions, or occupational diseases such as cancer. A lawyer for railroad esophageal cancer can review your case and explain the law's application to your situation.
Railroad cases must be filed in federal court. This is different from a standard workplace accident lawsuit filed with the state workers'' compensation court or state industrial court. The reason for this is because FELA the federal statute that establishes the standards for all laws governing worker's compensation on maritime and land law across the United States, is the foundation of railroad cases.
It is important to remember that you have a specific amount of time to bring a FELA lawsuit. union pacific railroad lawsuit must start a lawsuit within three years from the date you were diagnosed and have known that it was a health issue that was caused by work. A lawyer with experience in FELA will help you determine the start of that three-year period.
In a recent case, an 62 year old railroad employee was awarded damages of $500 for pain and suffering related to esophageal carcinoma. The plaintiff argued that exposure to asbestos and diesel fumes which he knew about at the time of his diagnosis - was the reason for his cancer.
How much will I be able to receive in damages from an esophageal tumor case that was uncovered on the railroad?
Railroad workers who suffer from esophageal cancer due to their job could be entitled to compensation for medical expenses, lost earnings and suffering. In the case of a railroad cancer these are known as economic damages. In many cases there are also non-economic damages, like emotional distress can also be awarded.
Railroad injury attorneys may use expert witnesses to establish a link between an employer's negligence and the worker's esophageal cancer or other diseases. For instance the former worker at a repair shop for trains might have been exposed to solvents like paint and degreasing chemicals, which may be a risk to cancer of the esophagus. In union pacific railroad lawsuit , military service at Camp Lejeune could have predisposed to develop esophageal cancer.
In one instance that we handled, our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds found in drinking water at Camp Lejeune that led to veterans' esophageal cancer. However, there are a myriad of other factors that can affect the amount the plaintiff is awarded in their railroad injury claim including how much 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 justice that you deserve. Contact us today for more about your case.