FELA and Railroad Cancer Lawsuits The Federal Employers Liability Act allows railroad employees to claim compensation for illnesses or injuries resulting from their work environment. An experienced FELA lawyer can help you pursue damages for both economic and non-economic losses. 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 assist in determining when this period begins to run. How blacklands railroad lawsuit file cancer claims? Patients diagnosed with cancer, which could be due to their work environment, may be eligible to make an insurance claim. This is often done through what is called a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employer to recover damages, which could include medical costs loss of wages, medical expenses, and other expenses. When it comes to a lawsuit for railroad cancer, it is important to be aware that certain cancers might go unnoticed years or decades. Some patients may find it difficult to connect their diagnosis to their railroad work. This is why it's vital to contact an experienced FELA lawyer immediately after the diagnosis of cancer. A FELA attorney with experience will be able examine the situation and decide whether a worker is eligible to submit a FELA suit. In the majority of cases, a worker has to file a lawsuit within three years after being diagnosed with cancer. They must also be aware or have evidence that their work in the railroad industry led 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 metamorphosed to his esophagus and colon. The widow claimed that her late husband had been exposed to asbestos-containing substances while working at CSX, and that the railroad failed to take the proper precautions to safeguard his injuries. What Are the Common Causes of Esophageal Cancer in the Railroad Industry? Because railroads were a crucial mode of transportation for passengers before airplanes became popular, workers on trains often came into contact with a variety of chemicals that could cause cancer. It didn't matter if they were building railways, operating the trains or working in a shop, a lot of railroad workers were exposed dangerous carcinogens on a regular basis. This includes asbestos, diesel fumes, and solvents. Workers in the railroad industry are more likely to get cancer than those who work in other fields. Because of this, an experienced railroad cancer lawyer can assist a former railroad worker prove that his or her cancer was the result of a exposure to toxic substances in the workplace and chemical substances. In cases that involve cancers that affect the upper two-thirds esophagus. The most prevalent histologic type of cancer is squamous cells carcinoma. The lower third of the esophagus is frequently affected by adenocarcinoma. Other risk factors for esophageal carcinoma that result from work-related exposure to chemicals and toxins include reflux, tobacco-smoking, and achalasia. A widow claimed that CSX Railroad exposed her husband to a number of toxic substances at his job. She claimed that this caused his death due to stomach cancer. The Court was able to grant the defendant's motion for summary Judgment. All claims were dismissed. How Do Railroad Workers File a Claim for Compensation under FELA? The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers over injuries and illnesses that occur due to their work environment. The FELA allows workers to claim compensation when they suffer traumatic injuries that aggravate existing conditions or occupational diseases, such as cancer. A lawyer for railroad esophageal cancer can evaluate your case and explain the law's application to your particular situation. Railroad cases must be filed with a federal court. This is different from a standard workplace injury lawsuit filed with the state workers'' compensation court or the state industrial court. The reason is because FELA the federal statute that establishes the standards for all laws regarding worker's comp on maritime and land laws across the United States, is the foundation of railroad cases. You have a short time to bring a FELA suit. You must start a lawsuit within three years from the date you were diagnosed and should have known it was a workplace-related illness. An attorney with experience in FELA will be able to help you determine when the three-year period will begin 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 esophageal tumors. The plaintiff claimed that his exposure to diesel fumes and asbestos that he was aware of at the time of diagnosis - was the reason he developed cancer. How much could I be awarded in damages for an esophageal carcinoma case on the railroad? Railroad employees suffering from esophageal tumors caused by their work can be entitled to compensation for their medical expenses, loss of earnings, as well as pain and suffering. In a railroad cancer case they are referred to as economic damages. Non-economic damages, for instance emotional distress, are available in a number of cases. Railroad injury attorneys could use experts to establish a connection between the negligence of an employer and the worker's esophageal tumor or other diseases. For instance a former employee at the repair shop for trains may have been exposed to solvents like paint and degreasing chemicals, which are a risk for cancer of the esophageal tract. In certain cases the military experience of a veteran at Camp Lejeune may have predisposed them to developing esophageal cancer. In one case that we handled, our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds in drinking water at Camp Lejeune that led to the development of esophageal cancer in veterans. There are a variety of other factors that impact the amount of compensation a plaintiff will receive in their railroad injury claim, such as how long they spent at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will endeavor to maximize your compensation and ensure that you receive the justice you deserve. Contact us today to find out more about your case.
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