FELA and Railroad Cancer Lawsuits The Federal Employers Liability Act allows railroad employees to claim compensation for illnesses or injuries resulting from their job. A skilled FELA lawyer can help you seek damages for economic and non-economic damages. Under FELA You must make a claim within three years of finding out about your condition and knowing your condition was due to your railroad work. An attorney can assist you in determining when this period begins to begin. How Do Railroad Workers File Cancer Claims? Railroad workers diagnosed with cancer that may be due to exposure on the job may be eligible to claim compensation. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employer for damages, which can include medical costs or lost wages, as well as other costs. A key aspect to take into consideration when it comes to a railroad cancer lawsuit is the fact that symptoms of certain cancers can remain undiscovered for years, or even decades. This makes it challenging for some patients to connect their diagnosis with their work on the railroad. It is essential to contact an FELA lawyer with experience immediately you get a cancer diagnosis. A FELA attorney who has experience will be able to analyze the situation and determine if workers have a case to bring a FELA suit. In most cases, workers must bring a suit within three years after being diagnosed with cancer and knowing or having reason to believe that the cancer was due to their railroad work. Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death her husband Marvin Frieson. railroad lawsuit died of stomach cancer that had spread to his colon and esophagus. The widow alleged that her husband's death was caused by being exposed to asbestos-containing products when working for CSX and that the railroad failed to employ the appropriate safety measures to safeguard him from harm. What are the most common causes of cancer of the esophagus in the railroad industry? Because railroads were the main form of transportation for passengers prior to airplanes becoming widely used, those working on trains came into contact with a myriad of chemicals that could cause cancer. Whether they were building railways, operating or maintaining trains, or working in a workshop, many railroad workers were exposed carcinogens with a high risk of causing cancer on a daily basis. These include asbestos, diesel fumes, and solvents. Workers in the railroad industry are more susceptible to cancer than those who work in other occupations. A railroad cancer injury attorney can help a former rail worker prove that their cancer was caused by their work exposure to toxic chemicals and chemicals. Squamous cell cancer is the most commonly encountered type of cancer in cases of cancers that affect the upper two thirds of the esophagus. Adenocarcinoma is more common in the lower third. Other risk factors for esophageal carcinoma that is caused by work-related exposure to chemicals and toxins include smoking tobacco, reflux, and achalasia. A widow claimed CSX Railroad exposed their husband to a number toxic substances during his work, which led to the death of his 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 (FELA) allows railroad workers to file lawsuits against their employers over injuries and illnesses that arise due to work-related conditions. The FELA allows workers to claim compensation if they suffer traumatic injuries, or worsen pre-existing conditions, or occupational diseases such as cancer. An experienced railroad esophageal cancer lawyer could review your case and explain how the law applies to your particular situation. Railroad cases must be filed in federal court. This is different from a standard workplace accident lawsuit filed with state workers' compensation court or the state industrial court. This is due to the fact that FELA is a federal law, and it sets the tone for all other land-based worker's insurance laws and maritime law in the United States. You have a short time to bring a FELA suit. You must start a lawsuit within three years of the date you were diagnosed and should have known that it was a work-related illness. An attorney who has experience in FELA could help you determine when the three-year period will begin to begin. In a recent case, an employee of a railroad aged 62 was awarded damages of $500 for pain and suffering related to his esophageal cancer. The plaintiff claimed exposure to diesel fumes and asbestos - - both of which he was aware of prior to the diagnosis - caused the cancer. How Much Damages can I Recover in a Train Esophageal Cancer Case? Railroad workers who suffer from esophageal carcinoma caused by their job may be entitled to compensation for their medical expenses, loss of earnings, as well as suffering. In the case of a cancer affecting railroad workers, these are called economic damages. In many instances other damages, such as emotional distress are also available. Railroad injury attorneys could use experts to establish a link between an employer's negligence and the worker's esophageal cancer or another diseases. For example a former employee at the repair shop for trains may have been exposed to solvents such as paint and degreasing chemicals that are a risk for esophageal cancer. In certain instances the military experience of a veteran at Camp Lejeune may have predisposed to develop esophageal cancer. In one case that we handled, our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds found in drinking water at Camp Lejeune that led to the development of esophageal cancer in veterans. There are a variety of other factors that influence the amount a plaintiff can be awarded in their railroad accident claim, such as how long they spent at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will endeavor to maximize your compensation and help you get the justice you deserve. Contact us today to find out more about your case.
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