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FELA and Railroad Cancer lawsuits against union pacific railroad

The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses caused by their work environments. A knowledgeable FELA cancer lawyer can help you seek compensation for both economic and non-economic damages.

Under FELA, you must file your claim within three years of finding out about your diagnosis and knowing that your condition was related to your railroad work. An attorney can help determine when this time frame begins to run.

How railroad workers file claims for cancer?

Workers diagnosed with cancer, which could be caused by the work environment, may be eligible to make a claim. This is usually done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages. This could include medical costs loss of wages, medical expenses, and other expenses.

When it is time to file a suit for railroad cancer, it is important to keep in mind that certain cancers might go unnoticed years or even decades. Some patients may be unable to link their diagnosis to their railroad work. This is why it's so important to contact an experienced FELA lawyer immediately after an announcement of cancer.

A FELA attorney who has experience will be able to evaluate the situation and determine whether the worker has a legal case to submit a FELA suit. In most cases, workers must bring a suit within three years after being diagnosed with cancer and having a reason to believe that the cancer was caused by their work on the railroad.

At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who died of stomach cancer that had developed into his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing material while working for CSX, and that the railroad had failed to take adequate safety measures to protect him from being injured.

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

Because railroads were the principal mode of transport for passengers prior to the time that airplanes became widely used, those working on trains came into contact with many substances that can cause cancer. When they were building railways, maintaining or operating trains, or working in a shop, many railroad workers were exposed carcinogens that were dangerous on a regular basis. These include asbestos, diesel fumes and solvents.

Studies have shown that people working on railroads could be more likely to be diagnosed with a variety of different kinds of cancer than people who work in other fields. Because of this, a skilled railroad cancer lawyer could assist a former railroad worker prove that their cancer was caused by work-related exposure to toxic chemicals and chemical substances.

Squamous cell cancer is the most commonly encountered kind of tumor that occurs when it comes to cancers that affect the upper two-thirds of the esophagus. Adenocarcinoma occurs more frequently in the lower third. Other risk factors caused by exposure to chemicals or toxins at work include smoking, reflux, and achalasia.

A widow claimed CSX Railroad exposed their husband to a number toxic substances during his job and led to his stomach cancer dying. However the Court granted the motion of the defendant for Summary Judgment and dismissed all claims.

How do railroad cancer lawsuit Workers File a Claim for Compensation Under FELA?

The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer injuries or get sick due to work conditions. The FELA allows workers to file for compensation if they suffer injuries that cause trauma, or worsen pre-existing conditions, or occupational diseases, such as cancer. An experienced railroad esophageal cancer lawyer can evaluate your case and railroad cancer lawsuit explain how the law will apply to your particular situation.

Contrary to a typical workplace injury lawsuit that is filed in state workers compensation or a state industrial court railroad cases require filing in federal court. The reason for this is because FELA which is a federal law that establishes the standard for all laws governing worker's compensation on land railroad cancer lawsuit and maritime law throughout the United States, is the basis for the railroad cases.

You have a short time to file a FELA suit. A lawsuit must be filed within three years of the time you were diagnosed with the disease and you should have known that it was a work-related issue. A lawyer who has experience in FELA will help you determine the time frame for that three-year period.

In a recent instance, a 62-year-old railroad employee was awarded $500 in damages for pain and suffering due to esophageal tumors. The plaintiff claimed that exposure to diesel fumes as well as asbestos and asbestos - both of which he was aware of prior to his diagnosis - triggered his cancer.

What amount can I expect in damages from an esophageal tumor case that was uncovered on the railroad?

Railroad workers who suffer from Esophageal cancer as a result of their work can be entitled to compensation for medical expenses, lost earnings and pain. These are called economic damages and can be awarded in a railroad cancer lawsuit. In many instances other damages, such as emotional distress are also awarded.

Expert witnesses can be used by railroad injury attorneys to establish a link between the negligence of the employer and esophageal or another illnesses. A former employee of an repair facility for trains could have been exposed to solvents like paint and degreasing chemicals that can cause Esophageal cancer. In some instances military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.

In one instance our client was awarded $6.1 Billion as part of a class action lawsuit against union pacific railroad-action settlement for the exposure to volatile organic compound in the drinking water of Camp Lejeune which led to veterans developing esophageal carcinoma. However, there are numerous other factors that affect the amount the plaintiff is awarded in their railroad injury claim including the length of time 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 for more information about the case.