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FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries that result from their work environment. A FELA lawyer for cancer can assist you in obtaining damages for both economic losses and non-economic ones.
You must file a claim under FELA within three years from the time you learn about your diagnosis and know that your medical condition is related to your railroad work. An attorney can help you determine the date at which this timeframe begins to begin.
How do railroad workers file cancer claims?
Railroad workers who are diagnosed with cancer that may be caused by their exposure to work may be qualified to claim compensation. This is usually done by filing an FELA claim (Federal Employers Liability Act). The law permits employees who have been injured while working to pursue their employers for damages that cover medical expenses or lost wages as well as other expenses.
One important consideration when it is about a railroad cancer lawsuit is that signs of some cancers can be buried for years, even decades. Some patients may find it difficult to link their diagnosis with their work on the railroad. It is important to contact an FELA lawyer with experience as soon as you receive a cancer diagnosis.
lung cancer lawsuit will be able to assess the situation and help workers determine if they have an opportunity to bring a FELA lawsuit. In most cases, the worker has to file a lawsuit within three years of being diagnosed with cancer. They must also be aware or have evidence that their work on railroads has caused the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death of her husband Marvin Frieson. He died from stomach cancer, which was spreading to his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing substances while working for CSX, and that the railroad failed to take adequate safety precautions to prevent his injuries.
What are the common causes of esophageal cancer within the railroad industry?
Because railroads were the main form of transportation for passengers prior to the time that airplanes became popularized, workers on trains were exposed to a variety of chemicals that could cause cancer. Railroad workers were frequently exposed to carcinogens during their time were working on railways, running or maintaining them, or in their shops. This includes diesel fumes asbestos and solvents.
The people who work in the railroad industry are more susceptible to cancer than people working in other professions. A lawyer for railroad-related cancer can assist a former rail worker establish that their cancer was caused by work exposure to chemicals and toxins.
Squamous cell cancer is the most common type of cancer when it comes to cancers that affect the upper two thirds of the esophagus. Adenocarcinoma tends to be more prevalent in the lower one-third. Other risk factors for esophageal carcinoma that result from work-related exposures to toxins and chemicals include smoking cigarettes, reflux, and achalasia.
A widow claimed CSX Railroad exposed their husband to a variety of toxic substances during his work and led to the death of his stomach cancer. However the Court granted Defendant's Motion for Summary Judgment and dismissed all claims.
How do railroad employees file a claim to be compensated under the FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer injuries or illnesses due to working conditions. The FELA allows workers to seek compensation for traumatic injuries and aggravations to pre-existing conditions and occupational diseases such as cancer. A lawyer who is a railroad esophageal tumor can examine your case and explain the law's relevance to your particular situation.
Railroad cases must be filed with a federal court. This differs from a typical workplace injury lawsuit filed with the state workers'' compensation court or the state industrial court. This is because FELA is a federal law that establishes the legal framework for all land-based worker's compensation laws and maritime law in the United States.
It is crucial to remember that you only have a limited period of time to start a FELA lawsuit. A suit must be brought within three years of the date you were diagnosed with your illness and should have known that it was work-related. An attorney with expertise in FELA will be able to help you determine the date that the three-year period begins to run.
In a recent case, an employee of the railroad who was 62 years old was awarded $500 in damages in compensation for pain and suffering relating to his esophageal cancer. The plaintiff claimed exposure to diesel fumes and asbestos and asbestos - both of which he was aware of at the time of the diagnosis - caused the cancer.
How much will I be able to receive in damages from an esophageal carcinoma case on the railroad?
Railroad employees suffering from esophageal carcinoma caused by their job may be entitled to compensation for their medical expenses, loss of earnings, as well as pain and suffering. These are referred to as economic damages and can be awarded in a lawsuit against railroads for cancer. Other damages, like emotional distress, are also accessible in many instances.
Railroad injury attorneys may use experts to establish a connection between an employer's negligence and the worker's esophageal or other illness. For instance a former employee at an repair shop for trains could have been exposed to solvents such as paint and degreasing chemical that could may be a risk to cancer of the esophagus. In certain instances military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one case our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the exposure to volatile organic compound in the drinking water of Camp Lejeune which led to people suffering from esophageal cancer. However, there are numerous other factors that could affect the amount of money 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 settlement at Sokolove Law and ensure that you get the justice you deserve. Contact us today to learn more about your case.