FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for illnesses and injuries caused by their work environments. A knowledgeable FELA cancer attorney could help you seek damages for economic and non-economic damages.
Under FELA under FELA, you have to file your claim within three years of learning about your diagnosis and knowing that your condition was due to your railroad work. A lawyer can assist you in determining when this timeframe begins to begin.
How Do Railroad Workers Claim Cancer Claims?
Patients diagnosed with cancer, which could be caused by their work environment might be able to file claims. This is usually done by filing a FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employer for damages. These could include medical expenses or lost wages, as well as other expenses.
A key aspect to take into consideration when it concerns a railroad-related cancer lawsuit is the fact that symptoms of certain cancers could be inactive for years or even decades. Some patients may be unable to connect their diagnosis to their work on the railroad. This is why it's essential to consult an experienced FELA lawyer as soon as you can after an announcement of cancer.
A seasoned FELA attorney can assess the situation and help workers determine if they have an opportunity to file an FELA lawsuit. In the majority of cases, a person filing a lawsuit must do so within three years of being diagnosed with cancer. They must also know or have evidence that their work on the railroad led to the cancer.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death her husband Marvin Frieson. He died from stomach cancer, which was spreading to his colon and esophagus. The widow alleged that her late husband was exposed to asbestos-containing substances when working for CSX and that the railroad did not make the necessary safety precautions to protect him.
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 airplanes becoming popular, train workers came into contact with many chemicals that could cause cancer. A lot of railroad workers were exposed to carcinogens during their time were working on the railways, operating or maintaining them, or in the shops. This includes diesel fumes, solvents and asbestos.
Studies have revealed that people working on railroads could be more susceptible to developing a variety of different kinds of cancer than those who work in other occupations. This is why a knowledgeable railroad cancer injury lawyer can assist a former railroad worker prove that the 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 frequent histologic type of cancer is squamous cells carcinoma. Adenocarcinoma occurs more frequently in the lower third. Other risk factors for esophageal carcinoma that is caused by work-related exposure to chemicals and toxins include reflux, tobacco-smoking, and achalasia.
A widow claimed CSX Railroad exposed their husband to a variety of toxic substances during his job which resulted in his stomach cancer dying. 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 illnesses and injuries that occur due to work-related conditions. The FELA allows workers to claim compensation for injuries sustained in traumatic accidents or aggravations of pre-existing ailments and occupational diseases such as cancer. A knowledgeable railroad esophageal cancer lawyer will review your case and explain how the law applies to your specific situation.
In contrast to a typical 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, and it sets the stage for all land-based worker's compensation laws and maritime law in the United States.
You have a time limit to submit a FELA suit. You must start a lawsuit within three years of the date you were diagnosed and should have known it was a workplace-related illness. A lawyer who has experience in FELA can assist you in determining the beginning of that three-year period.
In a recent case, a 62-year-old railroad employee was awarded damages of $500 for pain and suffering related to his esophageal tumor. The plaintiff claimed that his exposure to diesel fumes as well as asbestos - both of which he had knowledge of at the time of the diagnosis - caused the cancer.
What Damages Can I Get in a Railroad Esophageal Cancer Case?
Railroad employees suffering from esophageal carcinoma caused by their job may be entitled to compensation for their medical expenses and loss of earnings and suffering and pain. In a railroad cancer case this is known as economic damages. In many instances non-economic damages like emotional distress are also awarded.
Railroad injury attorneys could use expert witnesses to establish a connection between negligence by an employer and the worker's esophageal cancer or another diseases. A former employee of the train repair facility could have been exposed by solvents such as paint and degreasing agents which can cause cancer of the esophageal tract. In some instances, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal carcinoma.
In one instance our client was awarded $6.1 Billion as part of a settlement in a class action for exposure to volatile organic compound in the drinking water in Camp Lejeune which led to veterans developing esophageal carcinoma. There are a myriad of other factors that influence the amount that a plaintiff will receive in a railroad-related injury case, including how long they were at Camp Lejeune, and how severe their cancer is. At Sokolove Law, we will strive to maximize your compensation and ensure that you receive the justice you deserve. Contact class action lawsuit against railroads to find out more about the case.