FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses that result from their work environment. A knowledgeable FELA lawyer can help you seek damages for both economic as well as non-economic losses.
You must submit a claim under FELA within three years after you are diagnosed and are aware that your condition is related to your employment at a railroad. An attorney can help determine the date at which this timeframe begins to run.
How do railroad workers file cancer claims?
People who have been diagnosed with cancer, which could be caused by their work environment are able to make an insurance claim. This is usually done via what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages. This could include medical costs or lost wages, as well as other expenses.
One of the main considerations when it is about a railroad cancer lawsuit is that the symptoms of certain cancers could go dormant for years or even decades. Some patients may be unable to connect their diagnosis to their railroad work. This is why it is so important to contact an experienced FELA lawyer immediately following the diagnosis of cancer.
A FELA attorney with years of experience can examine the situation and decide whether a worker is eligible to bring a FELA suit. In the majority of cases, the plaintiff must file a lawsuit within three years after being diagnosed with cancer. They must also know or have evidence that their work on railroads contributed to the cancer.
At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who suffered from stomach cancer that had spread to his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing material while working for CSX and that the railroad had failed to take sufficient safety precautions to protect him from suffering injuries.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the main form of transportation for passengers prior to the time that airplanes became widely used, those working on trains came into contact with a myriad of chemicals that can cause cancer. When they were building railroads, maintaining or operating the trains or working in a workshop, many railroad workers were exposed to carcinogens with a high risk of causing cancer on a daily basis. This includes asbestos, diesel fumes, and solvents.
Workers in the railroad industry are more susceptible to cancer than those who work in other fields. In this regard, a skilled railroad cancer lawyer can assist an ex-railroad worker prove that their cancer was caused by exposure to toxic substances in the workplace and chemical substances.
In cases of cancers that affect the upper two-thirds esophagus. The most common histologic kind of tumor is squamous-cell carcinoma. Adenocarcinoma tends to be more prevalent in the lower one-third. Other risk factors that are caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.
A widow claimed CSX Railroad exposed their husband to a variety of toxic substances during his job, which led to the death of his stomach cancer. The Court, however, granted the Defendant's Motion for Summary Judgment. All claims were dismissed.
How do railroad employees 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 arise due to their work environment. railroad lawsuits permits workers to claim compensation for injuries sustained in traumatic accidents and aggravations to pre-existing conditions and occupational illnesses such as cancer. An experienced railroad esophageal cancer lawyer will review your case and explain how the law applies to your particular situation.
Unlike a standard workplace injury lawsuit filed in state workers' compensation or state industrial court, railroad cases need to be filed in federal court. This is because FELA is a federal statute that sets the tone for all land-based worker's compensation 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 of the date you were diagnosed with your illness and should have known that it was work-related. A lawyer with experience 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 pain and suffering due to his esophageal tumor. The plaintiff claimed his exposure to asbestos and diesel fumes which he was aware of at the time of his diagnosis - was what caused his cancer.
How much could I be awarded in damages from a railroad esophageal cancer case?
Railroad employees suffering from esophageal cancer caused by their job may be entitled to compensation for their medical expenses as well as loss of earnings and suffering and pain. These are called economic damages and may be awarded in a case of railroad cancer. In many cases there are also non-economic damages, like emotional distress are also awarded.
Railroad injury attorneys may use experts to establish a link between the negligence of an employer and the worker's esophageal tumor or other disease. For instance an employee who worked in an repair shop for trains could have been exposed to solvents, such as paint and degreasing chemicals that have a high risk of causing Esophageal cancer. In some cases, military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.
In one case our client was awarded $6.1 Billion as part of a class-action settlement for the exposure to volatile organic compounds in the drinking water at Camp Lejeune which led to patients developing esophageal cancer. But there are many other factors that can affect the amount of money the plaintiff receives in their railroad accident claim, for example, how long they spent at Camp Lejeune and how severe their esophageal cancer. At Sokolove Law, we will work to maximize your compensation and get you the justice you deserve. Contact us today to learn more about the case.