FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses caused by their workplaces. A FELA lawyer with experience in cancer could help you seek damages for both economic losses and non-economic ones.
You must submit a claim under FELA within three years from the time you discover that you have a diagnosis and know that your illness is linked to your employment at a railroad. An attorney can assist you in determining the time when this period begins to run.
How railroad workers file cancer claims?
Railroad workers who have been diagnosed with cancer that could be caused by their exposure to the workplace may be qualified to file a claim for compensation. This is usually done by filing an FELA claim (Federal Employers Liability Act). The law permits employees who have been injured on the job to claim damages against their employers that cover medical costs loss of wages, medical expenses and other expenses.
A key aspect to take into consideration when it concerns a railroad-related cancer lawsuit is that symptoms of certain cancers could be inactive for years or even decades. Some patients may find it difficult to link their diagnosis with their railroad work. This is why it's crucial to speak with an experienced FELA lawyer as soon as you can after a cancer diagnosis.
A FELA attorney with experience can analyze the situation and determine whether workers are eligible to submit a FELA suit. In most cases, a person filing a lawsuit must do so within three years of being diagnosed with cancer. They must also know or have evidence to suggest that their work on the railroad caused 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 died of stomach cancer that had developed into his esophagus and colon. The widow claimed that her husband was exposed to asbestos-containing materials while working for CSX, and that the railroad had failed to take the proper safety precautions to prevent his injuries.
What are the common causes of Esophageal Cancer in the Railroad Industry?
Since railroads were a major mode of transportation for passengers prior to the time that airplanes were popular, people on trains often came in contact with a myriad of chemicals that could cause cancer. Numerous railroad workers were exposed to carcinogens during their time worked on the railways, operating or maintaining them, or in the shops. This includes asbestos, diesel fumes and solvents.
Studies have shown that people who work in railroads could be more susceptible to developing a variety of different types of cancer than people who work in other fields. An attorney for railroad injuries could help a former rail worker establish that their cancer was caused by work exposure to chemicals and toxins.
In cases of cancers that affect the upper two-thirds esophagus, the most common histologic kind of tumor is squamous-cell carcinoma. Adenocarcinoma is more common in the lower one-third. Other factors that increase the risk of esophageal cancer that result from work-related exposure to chemicals and toxins include smoking cigarettes, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances in his job. She claimed that this led to his death from stomach cancer. However the Court granted the Defendant's Motion for Summary Judgment and dismissed all claims.
How do Railroad Workers File a Claim for Compensation Under FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer from injuries or illness due to work conditions. The FELA allows workers to seek compensation if they suffer injuries that are traumatic that aggravate existing conditions or occupational diseases such as cancer. A railroad esophageal carcinoma lawyer will review your case and explain the law's application to your situation.
Contrary to a typical workplace injury lawsuit filed in state workers compensation or a 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 foundation for all land-based worker's comp laws and maritime law in the United States.
You have a time limit to file a FELA suit. A lawsuit must be filed within three years of the date you were diagnosed with your disease and you should have known that it was a work-related issue. An experienced lawyer in FELA will help you determine the start of that three-year period.
In a recent case an 62 year old railroad worker was awarded damages of $500 for pain and suffering relating to his esophageal cancer. The plaintiff argued that exposure to asbestos and diesel fumes which he was aware of at the time of diagnosis was the reason for his cancer.
How Much Damages Can I Receive in a Railroad Esophageal Cancer Case?
Railroad employees suffering from esophageal cancer due to their jobs may be entitled to compensation for medical expenses and loss of earnings as well as suffering and pain. These are referred to as economic damages and are awarded in a railroad cancer lawsuit. Other damages, like emotional distress, are also offered in a variety of cases.
Railroad injury attorneys may use experts to establish a link between negligence by an employer and the worker's esophageal or other illness. For example the former worker at the repair shop for trains may have been exposed to solvents, such as paint and degreasing substances that can are a risk for esophageal cancer. In wasatch railroad contractors lawsuit at Camp Lejeune may have predisposed to develop esophageal cancer.
In one case, our client was awarded $6.1 Billion as part of a settlement in a class action for exposure to volatile organic compounds in the drinking water at Camp Lejeune which led to the development of esophageal carcinoma in some veterans. There are other factors that influence the amount a plaintiff will receive in their railroad injury case, including how long they stayed at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will strive to maximize your compensation and ensure that you receive the justice you deserve. Contact us today to find out more about your case.