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FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad controls limited lawsuit employees to claim compensation for illnesses or injuries that result from their work environment. A FELA cancer lawyer could assist you in seeking damages for both economic losses and non-economic ones.

You must make a claim under FELA within three years after you learn about your diagnosis and are aware that your medical condition is related to your work at the railroad. An attorney can assist in determining when the claim period begins to begin.

How railroad workers file claims for cancer?

People who have been diagnosed with cancer, which could be due to their exposure at work, may be eligible to file an insurance claim. This is typically done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits employees who are injured on the job to claim damages against their employers which cover medical costs as well as lost wages and other expenses.

When it is time to file a suit for railroad cancer, it is important to be aware that certain cancers may go unnoticed for many years or even decades. This makes it difficult 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 as soon as possible after the diagnosis of cancer.

A FELA attorney with years of experience can evaluate the situation and determine whether a worker is eligible to bring a FELA suit. In most cases, a worker has to file a lawsuit within three years after being diagnosed with cancer. They must also know or payout have evidence that their work on railroads caused the cancer.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death her husband Marvin Frieson. He died of stomach cancer that had spread to his colon and esophagus. The widow claimed that her late husband had been exposed to asbestos-containing substances while working for CSX, and that the railroad had failed to take the proper precautions to safeguard him from getting injured.

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

Because railroads were the main form of transportation for passengers prior to the time that airplanes became widely used, those working on trains were exposed to a variety of chemicals that can cause cancer. Many railroad workers were regularly exposed to carcinogens while they were working on the railways, working on or maintaining them, or in shops. They were exposed to asbestos, diesel fumes, and solvents.

The people who work in the railroad industry are more likely to get cancer than people working in other professions. An attorney for railroad lawsuit settlements injuries could help a former rail worker prove that their cancer was caused by workplace exposure to chemicals and toxins.

Squamous cell cancer is the most frequent kind of tumor that occurs when it comes to cancers that affect the upper two thirds of the esophagus. The lower third of the esophagus is more often affected by cancer called adenocarcinoma. Other risk factors for esophageal carcinoma that are caused by work-related exposure to chemicals and toxins include smoking tobacco, reflux, and achalasia.

A widow alleged that CSX Railroad exposed their husband to toxic substances during his work and led to the death of his stomach cancer. The Court did, however, grant 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 when they suffer injuries or get sick due to work conditions. The FELA allows workers to claim compensation if they suffer injuries that cause trauma which aggravate existing conditions or occupational diseases, such as cancer. A knowledgeable railroad esophageal cancer lawyer can review your case and explain how the law applies to your specific situation.

In contrast to a typical workplace injury lawsuit that is filed in state workers' compensation or state industrial court, railroad cases require filing in federal court. The reason for this is that FELA is a federal statute that sets the standard for all laws governing worker's compensation on maritime and land laws across the United States, is the basis of the railroad cases.

There is a limit on the time to make a FELA suit. You must submit a lawsuit within three years from the date that you were diagnosed and should have known it was a workplace-related illness. An attorney with experience in FELA can help you determine when the three-year time frame begins to begin.

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

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

Railroad workers who suffer from Esophageal cancer as a result of their job could be entitled to compensation for medical expenses, lost earnings and pain. In the case of a cancer affecting railroad workers this is known as economic damages. Non-economic damages, such as emotional distress, are also available in a number of cases.

Railroad injury lawyers could employ expert witnesses to establish a connection between the negligence of an employer and the worker's esophageal or other disease. For example the former worker at a repair shop for trains might have been exposed to solvents like paint and degreasing chemical that could have a high risk of causing Esophageal cancer. In certain instances there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.

In one case in which our clients were awarded $6.1 Billion in a class action lawsuit against norfolk southern railroad action settlement for exposure to volatile organic compounds found in drinking water at Camp Lejeune that led to veterans' esophageal cancer. There are many other factors that determine the amount that a plaintiff will receive in their railroad injury case, such as how they stayed at Camp Lejeune, and how severe their cancer is. We will maximize your payout at Sokolove Law and ensure that you get the justice that you deserve. Contact us for more information about the case.