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. A skilled FELA lawyer can help you seek compensation for both economic and non-economic damages.
Under FELA the law, you must make a claim within three years of learning about your diagnosis and knowing your condition was related to your railroad work. An attorney can help you in determining when this timeframe begins to run.
How Do Railroad Workers File Cancer Claims?
Railroad workers who are diagnosed with cancers that could be related to their exposure on the job may be qualified to claim compensation. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employer for damages, which can include medical costs loss of wages, medical expenses, and other expenses.
union pacific railroad lawsuit of the main considerations when it concerns a railroad-related cancer lawsuit is that signs of certain cancers could remain undiscovered for years, or even decades. This makes it challenging for some patients to link their diagnosis to their work on the railroad. This is why it is so important to contact an experienced FELA lawyer immediately following the diagnosis of cancer.
A seasoned FELA attorney can assess the situation and help workers determine if they have a case for a FELA lawsuit. In the majority of instances, a worker has to present a suit within three years of being diagnosed with cancer and knowing or having reason to know that the cancer was due to their railroad work.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death her husband Marvin Frieson. He died from stomach cancer that had spread to his colon and esophagus. The widow claimed that her husband had been exposed to asbestos-containing materials while working for CSX and that the railroad was unable to take appropriate precautions to safeguard his injuries.
What are the main causes of esophageal cancer that are common in the railroad industry?
Since railroads were a major mode of transportation for passengers before planes became popular, employees on trains frequently came into contact with a range of chemicals that could cause cancer. Many railroad workers were regularly exposed to carcinogens during their time were working on the railways, working on or maintaining them, or working in shops. This includes diesel fumes, asbestos and solvents.
Studies have shown that people who work on railroads may be more likely to develop a range of different types of cancer than people who work in other professions. This is why a skilled railroad cancer lawyer could assist an ex-railroad worker establish that their cancer was the result of a exposure to toxins in the workplace as well as chemical substances.
In cases of cancers that affect the upper two-thirds esophagus, the most frequent histologic type of cancer is squamous cell carcinoma. The lower one-third of the esophagus are more frequently affected by cancer called adenocarcinoma. Other risk factors for esophageal cancer that result from work-related exposure to chemicals and toxins include smoking tobacco, reflux, and achalasia.
cancer lawsuits claimed that CSX Railroad exposed their husband to toxic substances in his job that led to his stomach cancer dying. The Court was able to 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 allows railroad workers to sue their employers when they suffer injuries or get sick because of their work. The FELA permits workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. An experienced railroad esophageal cancer lawyer will review your case and explain how the law is applicable to your situation.
Railroad cases must be filed in federal court. This differs from a typical workplace injury lawsuit filed with state workers' compensation court or the state industrial court. The reason is because FELA the federal statute which sets the standard for all worker's compensation laws in maritime and land law in the United States, is the basis of the railroad cases.
You have a limited time to bring a FELA suit. You must make a claim within three years of the date you were diagnosed and should have known that it was a work-related health issue. An experienced lawyer in FELA can help you determine the time frame for that three-year period.
In a recent instance, a 62-year-old railroad employee was awarded damages of $500 for suffering and pain due to esophageal tumors. Bladder cancer lawsuit claimed that his exposure to diesel fumes and asbestos which he knew about at the time of diagnosis was what caused his cancer.
How much could I be awarded in damages for an esophageal cancer involving the railroad?
cancer lawsuits who develop esophageal carcinoma due to their job could be entitled to compensation for medical expenses, lost earnings, and discomfort. In a railroad cancer case this is known as economic damages. Non-economic damages, such as emotional distress, are available in a number of cases.
Expert witnesses could be used by railroad injury lawyers to establish the connection between the negligence of the employer and esophageal or other diseases. An employee who was employed at an establishment for train repair could have been exposed to solvents such as paint and degreasing agents that can cause esophageal carcinoma. In some cases the military experience at Camp Lejeune could have predisposed to develop esophageal carcinoma.
In one case our client was awarded $6.1 Billion as part of an action-based settlement for exposure to volatile organic compounds in the drinking water in Camp Lejeune which led to people suffering from esophageal cancer. There are many other factors that impact the amount of compensation a plaintiff will receive in a railroad-related injury case, such as how long they were at Camp Lejeune, and how they are suffering from the cancer. At Sokolove Law, we will work to maximize your compensation and help you get the justice you deserve. Contact us today to learn more about your case.