14 Clever Ways To Spend Left-Over Railroad Lawsuit Black Lung Disease Budget
FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries that result from their work. An experienced FELA lawyer can help you pursue damages for both economic as well as non-economic losses.
You must file a claim for compensation under FELA within three years of the date you discover that you have a diagnosis and realize that your condition is related to your railroad employment. A lawyer can assist you in determining the time when this period starts to begin.
How Do Railroad Workers Claim Cancer Claims?
Railroad workers diagnosed with cancer that could be related to their exposure to the workplace may be in a position to claim compensation. This is typically done by filing an FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employer for damages, which can include medical costs, lost wages, and other expenses.
When it comes to a lawsuit involving railroad cancer, it's crucial to be aware that some cancers are not spotted for decades or years. This makes it challenging for some patients to connect their diagnosis with their work on the railroad. This is why it's vital to contact an experienced FELA lawyer as soon as you can after an announcement of cancer.
A seasoned FELA attorney can evaluate the situation and help workers determine if they are in a case for an FELA lawsuit. In the majority of cases, an employee must bring a suit within three years after being diagnosed with cancer and knowing or having the reason to believe that the cancer was caused by their railroad work.
Rutha Frieson sued CSX Transportation Inc. at the end of 2016 for the death her husband Marvin Frieson. railroad lawsuits died from stomach cancer, which was spreading to his colon and esophagus. The widow claimed that her husband had been exposed to asbestos-containing materials while working for CSX, and that the railroad had failed to take the proper precautions to safeguard him from getting injured.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Because railroads were the main form of transportation for passengers prior to airplanes becoming well-known, railroad workers came into contact with numerous chemicals that can cause cancer. Railroad workers were frequently exposed to carcinogens during their time were working on railways, running or maintaining them, or in the shops. This includes diesel fumes solvents and asbestos.
Research has proven that those who work for railroads could be more susceptible to developing a variety of different kinds of cancer than those who work in other occupations. For this reason, an experienced railroad cancer lawyer can help a former railroad worker prove that the cancer was caused by workplace exposure to toxins and chemical substances.
Squamous cell cancer is the most prevalent type of tumor when it comes to cancers that affect the upper two-thirds of the esophagus. Adenocarcinoma occurs more frequently in the lower third. Other risks for esophageal tumors that are caused by occupational exposure to chemicals and toxins include smoking, reflux and achalasia.
A widow alleged that CSX Railroad exposed their husband to toxic substances during his job that led to his stomach cancer death. The Court has however granted the Defendant’s Motion for Summary Judgment. All claims were dismissed.
How do railroad workers make a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad workers to sue their employers if they suffer from illness or injuries because of their work. The FELA allows workers to claim compensation when they suffer injuries that are traumatic, aggravate pre-existing conditions or occupational illnesses such as cancer. A lawyer from the railroad esophageal carcinoma will review your case and explain how the law applies to your situation.
Contrary 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 because FELA is a federal law that sets the foundation for all land-based worker's compensation laws and maritime law in the United States.
You have a time limit to make a FELA suit. You must start a lawsuit within three years of the date that you were diagnosed and should have known it was a workplace-related illness. A lawyer who has experience in FELA will 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 esophageal cancer. The plaintiff claimed his exposure to diesel fumes and asbestos which he was aware of at the time of diagnosis was the reason for his cancer.
How Much Damages Could I Receive in a Railroad Esophageal Cancer Case?
Railroad employees who suffer from esophageal cancer due to their job may be entitled to compensation for their medical expenses or loss of earnings as well as suffering. In the case of a cancer affecting railroad workers they are referred to as economic damages. In many cases, non-economic damages such as emotional distress are also available.
Railroad injury attorneys may use expert witnesses to establish a link between an employer's negligence and the worker's esophageal cancer or another illness. A former employee of a train repair facility might have been exposed by solvents such as paint and degreasing chemicals that can cause cancer of the esophageal tract. In certain instances there is a possibility that military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.
In one instance in which our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds in the drinking water at Camp Lejeune that led to the development of esophageal cancer among veterans. There are a myriad of other factors that determine the amount a plaintiff will receive in a railroad injury case, such as the long they spent at Camp Lejeune, and how the severity of their cancer. We will maximize your compensation at Sokolove Law and ensure that you get the justice that you deserve. Contact us today to find out more about your case.