Pay Attention: Watch Out For How Railroad Lawsuit Black Lung Disease Is Taking Over And What You Can Do About It

FELA and Railroad Cancer Lawsuits

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

You must make a claim under FELA within three years from the time the time you find out about your diagnosis and realize that your medical condition is related to your railroad employment. An attorney can help you determine when the time for filing a claim begins to run.

How Do Railroad Workers Claim Cancer Claims?

Railroad workers who are diagnosed with cancer that may be related to their exposure to their work might be eligible to claim compensation. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employer for damages. These could include medical costs or lost wages, as well as other expenses.

A key aspect to take into consideration when it is a railroad cancer lawsuit is that symptoms of some cancers can remain undiscovered for years, or even decades. Some patients may have difficulty to link their diagnosis to their railroad work. This is why it is crucial to speak with an experienced FELA lawyer as soon as possible after the diagnosis of cancer.

A seasoned FELA attorney will be able to assess the situation and assist workers determine if they have a case for a FELA lawsuit. In most cases, the person filing a lawsuit must do so within three years of being diagnosed with cancer. They must also be aware or have a reason to believe that their work in the railroad industry led to the cancer.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death her husband Marvin Frieson. He died from stomach cancer which was spreading to his esophagus and colon. The widow claimed that her husband was exposed to asbestos-containing material while working for CSX and that the railroad was unable to take the proper safety precautions to prevent him from being injured.

What are the main causes of esophageal cancer in the railroad industry?

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

People who work in railroad industry are more likely to develop cancer than those working in other professions. Because of this, an experienced railroad cancer lawyer could assist an ex-railroad worker establish that the cancer was the result of a work-related exposure to toxic chemicals and chemical substances.

Squamous cell cancer is the most common type of tumor when it comes to cancers that affect the upper two-thirds of the esophagus. The lower one-third of the esophagus are more often affected by cancer called adenocarcinoma. Other risk factors caused by exposure to toxins or chemicals at work include smoking or consuming alcohol, as well as reflux and achalasia.

A widow claimed CSX Railroad exposed their husband to a variety of harmful substances while he worked, which led to his stomach cancer dying. The Court, however, granted 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 allows railroad workers to sue their employers if they suffer injuries or illnesses due to working conditions. The FELA allows workers to seek compensation if they suffer traumatic injuries which aggravate existing conditions or occupational diseases such as cancer.  Leukemia lawsuit  could review your case and explain how the law is applicable to your particular situation.

In contrast to a typical workplace injury lawsuit that is filed in state workers compensation or state industrial court, railroad cases need to be filed in federal court. The reason is that FELA which is a federal law 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 time limit to submit a FELA suit. You must make a claim within three years from the date that you were diagnosed and have known that it was a work-related health issue. A lawyer who has experience in FELA can help you determine the start of that three-year period.

In a recent instance, an 62-year old railroad employee was awarded damages of $500 for pain and suffering related to esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes and asbestos which he was aware of at the time of his diagnosis - was the cause of his cancer.

How much will I be able to receive in damages from a railroad esophageal cancer case?

Railroad workers who suffer from esophageal carcinoma caused by their work can be entitled to compensation for their medical expenses as well as loss of earnings and pain and suffering. These are called economic damages, and they are awarded in a lawsuit for railroad cancer. Other damages, like emotional distress, are available in a number of cases.

Railroad injury attorneys can use experts to establish a link between negligence by an employer and the worker's esophageal cancer or another disease. A former employee of the train repair facility could have been exposed to solvents like paint and degreasing substances that can lead to cancer of the esophageal lining. In some cases an individual's military service at Camp Lejeune may have predisposed them to developing esophageal cancer.

In one instance, our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the exposure to volatile organic compounds in the drinking water of Camp Lejeune which led to patients developing esophageal cancer. However, there are a myriad of other factors that affect the amount a plaintiff gets in their railroad injury claim for example, how long 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 justice you deserve. Contact us today to find out more about your case.