10 Essentials To Know Railroad Lawsuit Black Lung Disease You Didn't Learn In School
FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad employees to seek compensation for illnesses and injuries caused by their workplaces. A knowledgeable FELA cancer attorney could help you pursue damages for both economic and non-economic losses.
You must submit a claim under FELA within three years after you discover that you have a diagnosis and know that your medical condition is related to your employment at a railroad. An attorney can help you determine when this time frame begins to run.
How railroad workers file claims for cancer?
Railroad workers diagnosed with cancer that could be due to their exposure on the job may be in a position to claim compensation. This is usually done by filing an FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employers for damages. This could include medical costs as well as lost wages and other expenses.
When it comes to a lawsuit for railroad cancer, it is important to keep in mind that certain cancers are not spotted for years or decades. This makes it difficult for some patients to link their diagnosis to their involvement in the railroad. This is why it is vital to contact an experienced FELA lawyer immediately after a cancer diagnosis.
A FELA attorney with experience can evaluate the situation and determine whether the worker has a legal case to submit a FELA suit. In the majority of cases, workers must present 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 work on the railroad.
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 had spread to his colon and esophagus. The widow alleged that her husband was exposed to asbestos-containing substances while working for CSX and that the railroad failed to take proper safety precautions to protect him from harm.
What are the main causes of esophageal cancer that are common in the railroad industry?
Because railroads were the principal form of transportation for passengers before airplanes became popularized, workers on trains came into contact with numerous chemicals that can cause cancer. When they were building railways, operating or maintaining the trains or working in a shop, numerous railroad workers were exposed to carcinogens that were dangerous on a regular basis. This includes diesel fumes solvents and asbestos.
People who work in railroad industry are more likely to get cancer than those who work in other occupations. In this regard, a skilled railroad cancer lawyer could help an ex-railroad worker establish that their cancer was caused by workplace exposure to toxins and chemical substances.
Squamous cell cancer is the most frequent type of tumor in cases of cancers affecting the upper two-thirds of the esophagus. Adenocarcinoma is more common in the lower one-third. Other risk factors that are caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a number of toxic substances while at his job and that this caused his death due to stomach cancer. The Court has however granted 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 allows railroad employees to sue their employers when they suffer injuries or illnesses due to working conditions. The FELA allows workers to file for compensation if they suffer traumatic injuries, or worsen pre-existing conditions, or occupational illnesses such as cancer. A lawyer who is a railroad esophageal tumor will review your case and explain the law's application to your particular situation.
Railroad cases have to be filed in federal court. This is different from a standard workplace accident lawsuit filed in state workers' compensation court or the state industrial court. The reason is because FELA is a federal statute that establishes the standard for all worker's compensation laws on maritime and land laws across the United States, is the basis of the railroad cases.
It is important to be aware that you have a short period of time to bring a FELA lawsuit. A lawsuit must be filed within three years from the time you were diagnosed with your illness and must have been aware that it was a work-related issue. A lawyer with experience in FELA can assist you in determining the start of that three-year period.
In a recent case an 62-year old railroad worker was awarded damages of $500 for pain and suffering due to his esophageal cancer. The plaintiff claimed that his exposure to diesel fumes as well as asbestos and asbestos - both of which he was aware of at the time of his diagnosis - caused his cancer.
How Leukemia lawsuit Can I Get in a Railroad Esophageal Cancer Case?
Railroad workers who develop Esophageal cancer as a result of their job could be entitled to compensation for medical expenses, lost earnings, and pain. These are known as economic damages, and they can be awarded in a railroad cancer lawsuit . Non-economic damages, such as emotional distress, are also available in many cases.
Expert witnesses can be utilized by railroad injury attorneys to establish the link between negligence on the part of an employer and esophageal diseases. For instance a former employee at the repair shop for trains may have been exposed to solvents like paint and degreasing substances that can pose a risk for Esophageal cancer. In certain instances, a veteran's military service at Camp Lejeune may have predisposed them to developing esophageal cancer.
In one instance in which our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds found in the drinking water at Camp Lejeune that led to veterans' esophageal cancer. However, there are a myriad of other factors that could affect the amount of money the plaintiff is awarded in their railroad injury claim, for example, how long they spent at Camp Lejeune and how severe their esophageal cancer. At Sokolove Law, we will strive to maximize your compensation and get you the justice you deserve. Contact us for more information about the case.