FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries resulting from their work environment. A FELA lawyer can help you obtain damages for both economic losses as well as non-economic ones.
Under FELA the law, you must submit your claim within three years of learning about your diagnosis and knowing your condition was related to your railroad work. An attorney can assist in determining when the claim period begins to run.
How railroad workers file claims for cancer?
People who have been diagnosed with cancer, which could be due to their work-related exposure, may be eligible to make an insurance claim. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employer to recover damages, which could include medical expenses or lost wages, as well as other costs.
When it is time to file a suit for railroad cancer, it's important to remember that some cancers can go unnoticed for years or even decades. This makes it challenging for some patients to connect their diagnosis with their work on the railroad. This is why it is vital to contact an experienced FELA lawyer immediately after the diagnosis of cancer.
A seasoned FELA attorney will be able to assess the situation and assist workers determine if they have an opportunity to bring a FELA lawsuit. In most instances, a worker has to bring a suit within three years after being diagnosed with cancer and having a reason to believe that the cancer was caused by their railroad work.
At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who passed away from stomach cancer which had metamorphosed to his colon and esophagus. The widow alleged that her husband's death was caused by being exposed to asbestos-containing substances while working for CSX and that the railroad failed to take proper safety precautions to safeguard him.
What are the most 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 could cause cancer. When they were building railways, operating or maintaining trains, or working in a shop, numerous railroad workers were exposed to carcinogens that could cause cancer on a regular basis. This includes diesel fumes, asbestos and solvents.
Workers in the railroad industry are more likely to develop cancer than those working in other fields. An attorney for railroad injuries can assist a former rail worker establish that their cancer was the result of workplace exposure to chemicals and toxins.
In cases where cancers affect the upper two-thirds esophagus, the most frequent histologic type of cancer is squamous cells carcinoma. Adenocarcinoma tends to be more prevalent in the lower third. Other risk factors for esophageal carcinoma that result from work-related exposure to chemicals and toxins include smoking, reflux and achalasia.
A widow claimed that CSX Railroad exposed her husband to a number of toxic substances in his job, and that this caused his death due to stomach cancer. The Court did, however, 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 file lawsuits against their employers for injuries and illnesses that occur because of work conditions. The FELA allows workers to file for compensation if they suffer from injuries that are severe, aggravate pre-existing conditions or occupational illnesses such as cancer. A knowledgeable railroad esophageal cancer lawyer could review your case and explain how the law applies to your situation.
Railroad cases must be filed before federal court. This differs from a typical workplace accident lawsuit filed in the state workers' compensation court or the state industrial court. This is because FELA is a federal statute, and it sets the foundation for all land-based worker's compensation laws and maritime law in the United States.
It is important to keep in mind that you have a certain amount of time to make a FELA lawsuit. A lawsuit must be filed within three years of the date you were diagnosed with the illness and you should have realized that it was due to work. An attorney who has expertise in FELA can help you determine when that three-year period starts to run.
In a recent instance, an 62-year old railroad worker was awarded damages of $500 for pain and suffering that was related to his esophageal carcinoma. The plaintiff argued that exposure to diesel fumes and asbestos which he knew about at the time of diagnosis - was the reason he developed cancer.
How much will I be able to receive in damages for an esophageal carcinoma case on the railroad?
Railroad employees who suffer 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 referred to as economic damages and may be awarded in a railroad cancer lawsuit. Other damages, like emotional distress, are also accessible in many instances.
Railroad injury attorneys could use expert witnesses to establish a connection between the negligence of an employer and the worker's esophageal or other disease. class action lawsuit against railroads of a train repair facility might have been exposed by solvents like paint and degreasing agents that can cause cancer of the esophageal lining. In certain instances the military experience at Camp Lejeune could have predisposed to develop esophageal cancer.
In one instance our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the exposure to volatile organic compounds in the drinking water of Camp Lejeune which led to patients developing esophageal cancer. But there are many other factors that affect the amount of money the plaintiff is awarded in their railroad injury claim including how much time they spent at Camp Lejeune and how severe their esophageal cancer is. At Sokolove Law, we will strive to maximize your compensation and ensure that you receive the justice you deserve. Contact us to find out more about the case.