FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries that result from their work environment. A skilled FELA cancer lawyer can assist you seek damages for economic as well as non-economic losses.
You must file a claim for compensation under FELA within three years of the date the time you find out about your diagnosis and are aware that your illness is linked to your railroad employment. An attorney can help you in determining the time when this period starts to begin.
How do railroad workers file cancer claims?
Railroad workers diagnosed with cancers that could be due to exposure to work may be in a position to file a claim for compensation. This is typically done through what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employer for damages, which can include medical expenses as well as lost wages and other expenses.
A key aspect to take into consideration when it is about a railroad cancer lawsuit is that signs of certain cancers may be inactive for years or even decades. Some patients may find it difficult to connect their diagnosis to their work on the railroad. This is why it's vital to contact an experienced FELA lawyer immediately following an announcement of cancer.
A seasoned FELA attorney can evaluate the situation and help workers determine if they are in an argument for an FELA lawsuit. In the majority of cases, workers must bring a suit within three years after being diagnosed with cancer and having a 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 died of stomach cancer that had developed into his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing materials while working for CSX and that the railroad did not use the proper safety precautions to safeguard him.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the main mode of transport for passengers prior to airplanes becoming popularized, workers on trains came into contact with numerous chemicals that can cause cancer. It didn't matter if they were building railways, maintaining or operating the trains or working in a shop, many railroad workers were exposed carcinogens that could cause cancer on a regular basis. This includes diesel fumes, asbestos and solvents.
Research has proven that those who work for railroads could be more susceptible to developing a variety of different kinds of cancer than those who work in other occupations. Because of this, an experienced railroad cancer lawyer can help a former railroad worker prove that their cancer was caused by a work-related exposure to toxic chemicals and chemical substances.
Squamous cell cancer is the most commonly encountered type of cancer in cases of cancers affecting the upper two thirds of the esophagus. The lower third of the esophagus is more often affected by cancer called adenocarcinoma. Other risk factors for esophageal cancer that are caused by occupational exposures to toxins and chemicals include reflux, tobacco-smoking, and achalasia.
A widow claimed CSX Railroad exposed their husband to a variety of toxic substances during his job, which led to his stomach cancer death. The Court was able to grant the Defendant’s Motion for Summary Judgment. All claims were dismissed.
How do railroad workers submit a claim for compensation under the FELA?
The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers for injuries and illnesses that occur due to working conditions. The FELA allows workers to claim compensation for injuries sustained in traumatic accidents, aggravations of pre-existing conditions and occupational diseases like cancer. A railroad esophageal carcinoma lawyer will review your case and explain the law's application to your specific situation.
Railroad cases must be filed before federal court. This differs from a typical workplace accident lawsuit filed in state workers' compensation court or state industrial court. This is due to the fact that FELA is a federal law, and it establishes the legal framework for all land-based worker's comp laws and maritime law in the United States.
You have a limited time to submit a FELA suit. A suit must be brought within three years from the time you were diagnosed with your illness and you should have realized that it was work-related. An attorney with expertise in FELA can help you determine when the three-year time frame begins to begin.
In a recent instance, a 62 year old railroad employee was awarded damages of $500 for pain and suffering relating to his esophageal carcinoma. The plaintiff claimed that exposure to diesel fumes as well as asbestos and asbestos - both of which he was aware of prior to his diagnosis - triggered his cancer.
What Damages Can I Recover in a Train Esophageal Cancer Case?
Railroad workers who suffer from esophageal cancer due to their work can be entitled to compensation for medical expenses as well as loss of earnings and pain and suffering. These are called economic damages and are awarded in a lawsuit against railroads for cancer. In many instances non-economic damages like emotional distress can also be awarded.
Expert witnesses can be utilized by railroad injury attorneys to establish the connection between the negligence of an employer and esophageal, or other illnesses. For example, a former worker at a train repair shop might have been exposed to solvents like paint and degreasing chemicals, which have a high risk of causing cancer of the esophageal tract. In some cases there is a possibility that military service at Camp Lejeune could have predisposed to develop esophageal cancer.
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 in Camp Lejeune which led to veterans developing esophageal carcinoma. There are a variety of other factors that determine the amount a plaintiff will receive in a railroad injury claim, such as how long they were 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 learn more about your case.