FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad employees to claim compensation for illnesses or claim injuries that result from their work environment. An experienced FELA cancer lawyer can help you seek damages for both economic and non-economic damages.

Under FELA under FELA, you have to file your claim within three years of finding out about your condition and knowing your illness was connected to your railroad work. An attorney can help you in determining the time when this period begins to begin.

How Do Railroad Workers Claim Cancer Claims?

Anyone diagnosed with cancer that could be related to their work-related exposure could be able to make a claim. This is typically done by filing an FELA claim (Federal Employers Liability Act). The law allows employees who are injured on the job to sue their employers for damages which cover medical costs loss of wages, medical expenses and other costs.

When it is time to file a suit for railroad cancer, it is important to remember that some cancers may go unnoticed for years or decades. Some patients may be unable to link their diagnosis with their railroad work. It is crucial to contact a FELA lawyer with experience immediately you get a cancer diagnosis.

A seasoned FELA attorney will be able to assess the situation and help people determine if they have an opportunity to bring a FELA lawsuit. In most cases, a worker must bring a suit within three years after 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 suffered from stomach cancer that had spread to his esophagus and colon. The widow claimed that her late husband had been exposed asbestos-containing substances while working at CSX and that the railroad failed to take sufficient safety precautions to prevent his injuries.

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

Since railroads were a key method of transporting passengers prior to when airplanes became popular, workers on trains often came into contact with a myriad of chemicals that could cause cancer. Railroad workers were frequently exposed to carcinogens during their time were working on railways, running or maintaining them, or working in shops. This includes diesel fumes solvents and asbestos.

People who work in railroad industry are more likely to get cancer than those working in other occupations. This is why a knowledgeable railroad lawsuit cancer injury lawyer could help a former Railroad Cancer Lawsuit Settlements worker prove that their cancer was caused by exposure to toxins in the workplace as well as chemical substances.

In cases that involve cancers that affect the upper two-thirds of the esophagus, the most common histologic type of cancer is squamous cell cancer. Adenocarcinoma is more prevalent in the lower one-third. Other risks for esophageal tumors that are caused by occupational exposure to chemicals and toxins include smoking cigarettes, reflux, and achalasia.

A widow claimed that CSX Railroad exposed her husband to a range of toxic substances in the job, which led to his death from stomach cancer. However the Court granted Defendant's Motion for Summary Judgment and dismissed all claims.

How do railroad workers file a claim to be compensated under the FELA?

The Federal Employers Liability Act allows railroad workers to sue their employers when they suffer from injuries or illness from working conditions. The FELA enables workers to claim compensation for injuries sustained in traumatic accidents, aggravations of pre-existing conditions and occupational illnesses such as cancer. An experienced wasatch railroad contractors lawsuit esophageal esophagus cancer lawyer can evaluate your case and explain how the law will apply to your situation.

In contrast to a typical workplace injury lawsuit that is filed in state workers' compensation or state industrial court railroad cases must be filed in federal court. This is due to the fact that FELA is a federal statute that sets the stage for all other land-based worker's insurance laws and maritime law in the United States.

It is important to be aware that you only have a short period of time to make a FELA lawsuit. You must file a lawsuit within three years from the date you were diagnosed and have known it was a work-related health issue. An attorney who has expertise in FELA can assist you in determining the date that the three-year period begins to run.

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

How Much Damages Could I Get in a Railroad Esophageal Cancer Case?

Railroad workers who develop esophageal carcinoma due to their job could be entitled to compensation for medical expenses, lost earnings and pain. These are referred to as economic damages, and can be awarded in a railroad cancer lawsuit. In many cases other damages, such as emotional distress are also awarded.

Expert witnesses may be utilized by railroad injury attorneys to establish the link between the negligence of an employer and esophageal, or other diseases. For instance an employee who worked in a repair shop for trains might have been exposed to solvents like paint and degreasing substances that can have a high risk of causing esophageal cancer. In certain cases, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal carcinoma.

In one case 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 people suffering from esophageal cancer. There are other factors that determine the amount of compensation a plaintiff will receive in a railroad injury claim, such as how long they spent at Camp Lejeune, and how the severity of their cancer. We will maximize your compensation at Sokolove Law and ensure that you get the justice you deserve. Contact us today to learn more about your case.