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FELA and Railroad Cancer Lawsuits

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

Under FELA the law, you must make a claim within three years of finding out about your diagnosis and knowing that your condition was due to your railroad work. An attorney can help you determine when the time for filing a claim begins to run.

How do railroad workers file claims for cancer?

People who have been diagnosed with cancer, which could be caused by their work-related exposure are able to file claims. This is usually done via what is called a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employers for damages. These could include medical costs, lost wages, and other expenses.

When it is time to file a lawsuit against railroad cancer, it is crucial to be aware that some cancers may go unnoticed for years or even decades. Some patients may find it difficult to connect their diagnosis to their railroad work. This is why it's crucial to speak with an experienced FELA lawyer as soon as you can after an announcement of cancer.

A FELA attorney who has experience will be able to assess the situation and determine whether workers are eligible to file a FELA suit. In the majority of cases, an employee must present a suit within three years after being diagnosed with cancer and knowing or having 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 passed away from stomach cancer that had developed into his colon and esophagus.  railroad lawsuit  claimed that her late husband had been exposed to asbestos-containing substances while working at 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 principal form of transportation for passengers before airplanes became widely used, those working on trains came into contact with numerous chemicals that can cause cancer. Numerous railroad workers were exposed to carcinogens during their time were working on railways, working on or maintaining them, or in shops. This includes diesel fumes, asbestos and solvents.

Research has shown that those who work for railroads could be more susceptible to developing a variety of different types of cancer than people working in other occupations. This is why a skilled railroad cancer lawyer could assist an ex-railroad worker prove that his or her cancer was the result of a exposure to toxic substances in the workplace and chemical substances.

In cases where cancers affect the upper two-thirds of the esophagus, the most common histologic kind of tumor is squamous-cell carcinoma. The lower one-third of the esophagus are more frequently affected by Adenocarcinoma. Other risk factors caused by exposure to chemicals or toxins at work include smoking, reflux, and achalasia.

A widow claimed that CSX Railroad exposed her husband to a number of toxic substances while at the job, which caused his death due to stomach cancer. However the Court denied the motion of the Defendant 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 workers to sue their employers if they suffer injuries or get sick from working conditions. The FELA allows workers to seek compensation if they suffer traumatic injuries, aggravate pre-existing conditions or occupational diseases such as cancer. A knowledgeable railroad esophageal cancer lawyer can evaluate your case and explain how the law will apply to your particular situation.

Railroad cases must be filed with a federal court. This is different from a standard workplace accident lawsuit filed with the state workers' compensation court or a state industrial court. The reason is because FELA, a federal statute that sets the standard for all worker's compensation laws in land and maritime law throughout the United States, is the basis for the railroad cases.

You have a time limit to file a FELA suit. You must make a claim within three years from the date that you were diagnosed and should have known it was a health issue that was caused by work. An attorney with experience in FELA could help you determine when the three-year time frame begins to run.

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

How much can I receive in damages for an esophageal tumor case that was uncovered on the railroad?

Railroad workers who suffer from cancer of the esophagus due to their job may be entitled compensation for medical expenses, lost earnings and pain. These are referred to as economic damages and can be awarded in a lawsuit against railroads for cancer. In many cases there are also non-economic damages, like emotional distress can also be awarded.

Expert witnesses may be utilized by railroad injury lawyers to establish the link between negligence on the part of an employer and esophageal or other diseases. An employee who was employed at a train repair facility might be exposed to solvents, such as paint and degreasing substances that can lead to cancer of the esophageal tract. In some cases, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal tumors.

In one instance that we handled, our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds in drinking water at Camp Lejeune that led to the development of esophageal cancer among veterans. There are a variety of other factors that determine the amount of compensation a plaintiff will be awarded in their railroad accident case, such as how they stayed at Camp Lejeune, and how severe their cancer is. We will maximize your compensation at Sokolove Law and ensure that you get the justice that you deserve. Contact us today to learn more about the case.