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 FELA cancer lawyer could help you obtain damages for both economic losses and non-economic ones.

You must make a claim under FELA within three years of the date you discover that you have a diagnosis and realize that your illness is linked to your employment at a railroad. An attorney can assist in determining when this timeframe begins to begin.

How do railroad workers file claims for cancer?

Railroad workers who are diagnosed with cancer that could be due to their exposure to the workplace may be in a position to claim compensation. This is usually done through what is called a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employers for damages. This could include medical costs or lost wages, as well as other expenses.

When it comes to a lawsuit for railroad cancer, it is important to be aware that certain cancers might go unnoticed years or even decades. This makes it challenging for some patients to link their diagnosis to their work on the railroad. It is crucial to contact a FELA lawyer with experience as soon as you receive a cancer diagnosis.

A FELA attorney with experience can examine the situation and decide whether a worker is eligible to file a FELA suit. In the majority of cases, a person filing a lawsuit must do so within three years after being diagnosed with cancer. They must also be aware or have a reason to believe that their work on railroads caused the cancer.

At the end of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who suffered from stomach cancer that had metastasized to his esophagus and colon. The widow alleged that her husband had been exposed to asbestos-containing material while working for CSX and payout that the railroad did not use the proper safety precautions to protect him from harm.

What Are the Common Causes of Esophageal Cancer in the Railroad Industry?

Since railroads were a key mode of transportation for passengers prior to the time that airplanes were popular, people on trains were often in contact with a variety of chemicals that could cause cancer. When they were building railroads, maintaining or operating trains, or working in a workshop, many railroad workers were exposed carcinogens that could cause cancer on a regular basis. These include asbestos, diesel fumes, and solvents.

People who work in the railroad industry are more susceptible to cancer than people working in other occupations. In this regard, a skilled railroad cancer lawyer can help an ex-railroad worker establish that their cancer was caused by a exposure to toxins in the workplace as well as chemical substances.

Squamous cell cancer is the most commonly encountered type of tumor in cases of cancers that affect the upper two thirds of the esophagus. Adenocarcinoma occurs more frequently in the lower one-third. Other risk factors caused by exposure to chemicals or toxins at work include smoking or consuming alcohol, as well as reflux and achalasia.

A widow claimed CSX Railroad exposed their husband to toxic substances in his job that led to the death of his stomach cancer. The Court was able to grant the defendant's Motion for Summary Judgment. All claims were dismissed.

How do union pacific railroad lawsuits workers file a claim for compensation under the FELA?

The Federal Employers Liability Act (FELA) allows railroad workers to bring lawsuits against their employers for injuries and illnesses that happen due to working conditions. The FELA enables workers to claim compensation for traumatic injuries and aggravations to pre-existing conditions and occupational diseases such as cancer. A knowledgeable railroad esophageal cancer lawyer can review your case and explain how the law applies to your particular situation.

In contrast to a typical workplace injury lawsuit that is filed in state workers compensation or a state industrial court railroad cancer lawsuit cases require filing in federal court. The reason is that FELA, a federal statute that establishes the standards for payout all worker's compensation laws in maritime and land law across the United States, is the base of the railroad cases.

There is a limit on the time to submit a FELA suit. You must file a lawsuit within three years from the date that you were diagnosed and should have known that it was a work-related health issue. An attorney with expertise in FELA could help you determine when the three-year time frame begins to begin.

In a recent case, an 62 year old railroad employee was awarded damages of $500 for pain and suffering related to esophageal carcinoma. The plaintiff claimed that his exposure to asbestos and diesel fumes which he knew about at the time of diagnosis was what caused his cancer.

What amount can I expect in damages from an esophageal cancer involving the railroad?

Railroad workers who develop cancer of the esophagus due to their work can be entitled to compensation for medical expenses, lost earnings and suffering. These are referred to as economic damages, and are awarded in a lawsuit for railroad cancer. In many instances other damages, such as emotional distress can also be awarded.

Expert witnesses can be used by railroad injury lawyers to establish the link between negligence on the part of the employer and esophageal, or other diseases. A former employee of an establishment for train repair could have been exposed to solvents such as paint or degreasing chemicals that can cause Esophageal cancer. In some instances there is a possibility that military service at Camp Lejeune could have predisposed to develop esophageal cancer.

In one case, our clients were awarded $6.1 Billion in a class action lawsuit against norfolk southern railroad action settlement over exposure to volatile organic compounds in drinking water at Camp Lejeune that led to Esophageal cancer of veterans. There are many other factors that affect the amount of money the plaintiff receives in their railroad injury claim, including the length of time they spent at Camp Lejeune and how severe their esophageal cancer. We will maximize your payout at Sokolove Law and ensure that you get the justice that you deserve. Contact us to find out more about the case.