FELA and Railroad Cancer Lawsuits The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for injuries and illnesses caused by their workplaces. An experienced FELA cancer lawyer can help you seek damages for both economic as well as non-economic losses. Under FELA You must file your claim within three years of learning about your condition and knowing your condition was due to your railroad work. A lawyer can assist you in determining when the claim period starts to begin. How do railroad workers file claims for cancer? Railroad workers who have been diagnosed with cancer that could be due to their exposure to the workplace may be eligible to file a claim for compensation. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law allows employees who have been injured while working to pursue their employers for damages that cover medical costs as well as lost wages and other expenses. When it comes to a lawsuit involving railroad cancer, it is important to be aware that certain cancers can go unnoticed for many years or even decades. This makes it challenging for some patients to link their diagnosis with their involvement in the railroad. This is why it's vital to contact an experienced FELA lawyer immediately following the diagnosis of cancer. An experienced FELA attorney can evaluate the situation and help people determine if they have an argument for an FELA lawsuit. In the majority of cases, the plaintiff must file a lawsuit within three years after being diagnosed with cancer. They must also know or have a reason to believe that their work on the railroad 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 passed away from stomach cancer which had metamorphosed to his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing materials when working for CSX and that the railroad did not employ the appropriate safety measures to safeguard him. What Are the Common Causes of Esophageal Cancer in the Railroad Industry? Since railroads were the primary form of transportation for passengers prior to airplanes becoming well-known, railroad workers came into contact with many substances that can cause cancer. If they were building railroads, maintaining or operating the trains or working in a workshop, many railroad workers were exposed to carcinogens that could cause cancer on a regular basis. This includes asbestos, diesel fumes and solvents. Research has shown that those who work on railroads may be more likely to develop a variety of different kinds of cancer than people who work in other professions. In this regard, an experienced railroad cancer lawyer could assist an ex-railroad worker establish that his or her cancer was caused by a exposure to toxins in the workplace as well as chemical substances. Squamous cell cancer is the most frequent kind of tumor that occurs in cases of cancers affecting the upper two thirds of the esophagus. The lower one-third of the esophagus are more frequently affected by cancer called adenocarcinoma. Other risk factors that are caused by exposure to toxins or chemicals at work include smoking or consuming alcohol, as well as reflux and achalasia. A widow claimed that CSX Railroad exposed her husband to a number of toxic substances in his job. She claimed that this caused his death due to stomach cancer. The Court did, however, grant the defendant's Motion for Summary Judgment. All claims were dismissed. How do railroad employees file a claim to be compensated under the FELA? The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers for injuries and illnesses that happen because of work conditions. The FELA allows workers to seek compensation for traumatic injuries, aggravations of pre-existing conditions and occupational diseases such as cancer. A railroad esophageal carcinoma lawyer will review your case and explain the law's application to your specific situation. Unlike a standard workplace injury lawsuit that is filed in state workers compensation or state industrial court, railroad cases must be filed in federal court. The reason for this is because FELA which is a federal law that establishes the standards for all worker's compensation laws in land and maritime law throughout the United States, is the foundation of railroad cases. It is crucial to remember that you only have a specific period of time to file a FELA lawsuit. You must make a claim within three years of the date you were diagnosed and should have known that it was a health issue that was caused by work. An attorney with experience in FELA can assist you in determining when the three-year period will begin to run. In one recent case, an employee of a railroad aged 62 was awarded damages of $500 for pain and suffering related to esophageal cancer. The plaintiff claimed that his exposure to diesel fumes as well as asbestos and asbestos - both of which he was aware of prior to his diagnosis - led to his cancer. How much could I be awarded in damages from an esophageal tumor case that was uncovered on the railroad? Railroad workers who suffer from esophageal cancer caused by their jobs may be entitled to compensation for medical expenses and loss of earnings and pain and suffering. These are referred to as economic damages and can be awarded in a lawsuit against railroads for cancer. cancer lawsuits -economic damages, like emotional distress, are also accessible in many instances. Railroad injury lawyers could employ experts to establish a connection between negligence by an employer and the worker's esophageal cancer or another diseases. For example, a former worker at a train repair shop might have been exposed to solvents such as paint and degreasing chemicals, which pose a risk for esophageal cancer. In some cases the military experience at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma. In one instance that we handled, our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds found in the drinking water at Camp Lejeune that led to the development of esophageal cancer among veterans. There are many other factors that can influence 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. At Sokolove Law, we will work to maximize your compensation and get you the justice you deserve. Contact us to find out more about the case.
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