FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses caused by their workplaces. An experienced FELA lawyer can help you seek damages for economic and non-economic losses.
You must file a claim for compensation under FELA within three years after you discover that you have a diagnosis and are aware that your condition is related to your railroad employment. An attorney can help determine the date at which this timeframe begins to begin.
How Do Railroad Workers Claim Cancer Claims?
Railroad workers who are diagnosed with cancer that could be due to their exposure to work may be in a position to claim compensation. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employer for damages. This could include medical costs, lost wages, and other expenses.
One of the main considerations when it concerns a railroad-related cancer lawsuit is that the symptoms of some cancers can go dormant for years or even decades. This makes it challenging for some patients to link their diagnosis with their work on the railroad. This is why it is vital to contact an experienced FELA lawyer as soon as possible after the diagnosis of cancer.
A seasoned FELA attorney can evaluate the situation and help workers determine whether they have a case for a FELA lawsuit. In most cases, a worker must file a lawsuit within three years after being diagnosed with cancer. They must also be aware or have reason to believe that their railroad work has caused the cancer.
class action lawsuit against railroads sued CSX Transportation Inc. at the end of 2016 in connection with the death of her husband Marvin Frieson. He died from stomach cancer, which was spreading to his esophagus and colon. 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 did not make the necessary safety precautions to safeguard him.
What are the common causes of cancer of the esophagus in the railroad industry?
Because railroads were the main form of transportation for passengers before airplanes became popular, train workers were exposed to a variety of chemicals that can cause cancer. Whether they were building railways, operating the trains or working in a shop, many railroad workers were exposed carcinogens with a high risk of causing cancer on a daily basis. This includes diesel fumes asbestos and solvents.
Workers in the railroad industry are more likely to develop cancer than those who work in other professions. Because of this, a knowledgeable railroad cancer injury lawyer can help a former railroad worker prove that their cancer was caused by a exposure to toxins in the workplace as well as chemical substances.
In cases of cancers that affect the upper two-thirds of the esophagus, the most common histologic type of tumor is squamous cell carcinoma. Adenocarcinoma occurs more frequently in the lower one-third. Other risk factors caused by exposure to chemicals or toxins at work include smoking, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a range of toxic substances at the job, which led to his death from stomach cancer. However, the Court granted Defendant's Motion for Summary Judgment and dismissed all claims.
How Do Railroad Workers File a Claim for Compensation under FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers when they suffer injuries or illnesses due to work conditions. The FELA permits workers to claim compensation for traumatic injuries or aggravations of pre-existing ailments and occupational illnesses such as cancer. A lawyer who is a railroad esophageal tumor can evaluate your case and explain the law's application to your particular situation.
In contrast to a typical workplace injury lawsuit filed in state workers' compensation or state industrial court railroad cases have to be filed in federal court. This is due to the fact that FELA is a federal law, and it sets the foundation for all land-based worker's compensation laws and maritime law in the United States.
It is important to be aware that you have a limited period of time to make a FELA lawsuit. A suit must be brought within three years from the time you were diagnosed with your illness and should have known that it was related to work. An experienced lawyer in FELA can help you determine the beginning of that three-year period.
In a recent case, an employee of a railroad aged 62 was awarded $500 in damages for pain and suffering related to his esophageal cancer. The plaintiff argued that exposure to asbestos and diesel fumes which he knew about at the time of his diagnosis - was the cause of his cancer.
How much could I be awarded in damages for a railroad esophageal cancer case?
Railroad workers who suffer from cancer of the esophagus due to their job could be entitled to compensation for medical expenses, lost earnings, and suffering. In a case involving cancer in the railroad this is known as economic damages. In many instances there are also non-economic damages, like emotional distress are also possible.
Railroad injury attorneys can use expert witnesses to establish a connection between an employer's negligence and the worker's esophageal cancer or other disease. For example the former worker at a train repair shop might have been exposed to solvents such as paint and degreasing chemicals, which are a risk for Esophageal cancer. In certain instances, military service at Camp Lejeune could have predisposed a veteran to develop esophageal carcinoma.
In one case in which our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds found in drinking water at Camp Lejeune that led to the development of esophageal cancer among veterans. There are a variety of other factors that influence the amount a plaintiff can receive in a railroad injury claim, such as how long they stayed at Camp Lejeune, and how severe their cancer is. We will maximize your compensation at Sokolove Law and ensure that you get the justice you deserve. Contact us to learn more about the case.