Beware Of This Common Mistake You're Using Your Railroad Lawsuit Black Lung Disease

FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses caused by their work environments. A FELA cancer lawyer could assist you in obtaining damages for both economic losses and non-economic ones.

You must file a claim under FELA within three years of the date the time you find out about your diagnosis and are aware that your condition is related to your railroad work. An attorney can assist you determine the date at which this timeframe begins to begin.

How do railroad workers file cancer claims?

Anyone diagnosed with cancer which could be due to their exposure at work, may be eligible to make an insurance claim. This is usually done via what is known as a FELA (Federal Employers Liability Act) claim. The law allows injured employees to sue their employers for damages. These could include medical costs loss of wages, medical expenses, and other expenses.

When it comes to a lawsuit involving railroad cancer, it's important to remember that some cancers may go unnoticed for many years or even decades. Some sufferers may find it difficult to connect their diagnosis to their work on the railroad. This is why it is vital to contact an experienced FELA lawyer immediately following an announcement of cancer.

A FELA attorney with years of experience can assess the situation and determine if workers have a case to file a FELA suit. In most instances, a worker has to present a suit within three years after being diagnosed with cancer and having 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 that had developed into his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing substances while working at CSX, and that the railroad had failed to take adequate safety precautions to protect him from getting injured.

What are the most common causes of Esophageal Cancer in the Railroad Industry?

Because railroads were a crucial form of passenger transportation before planes became popular, employees on trains were often in contact with a variety of chemicals that could cause cancer. If they were building railways, maintaining or operating trains, or working in a shop, numerous railroad workers were exposed carcinogens that were dangerous on a regular basis. This includes diesel fumes, solvents and asbestos.

Studies have revealed that people who work for railroads could be more susceptible to developing a variety of different kinds of cancer than people who work in other occupations. This is why a skilled railroad cancer lawyer could help a former railroad worker prove that their cancer was the result of a work-related exposure to toxic chemicals and chemical substances.

Squamous cell cancer is the most frequent type of cancer in cases of cancers affecting the upper two-thirds of the esophagus. The lower one-third of the esophagus is frequently affected by adenocarcinoma. Other risk factors that are caused by exposure to toxins or chemicals at work include smoking or consuming alcohol, as well as reflux and achalasia.

A widow claimed that CSX Railroad exposed their husband to a variety of toxic substances during his work which resulted in the death of his 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 bring lawsuits against their employers for injuries and illnesses that occur due to their work environment. The FELA allows workers to claim compensation if they suffer traumatic injuries which aggravate existing conditions or occupational diseases like cancer. A lawyer for railroad esophageal cancer will review your case and explain how the law applies to your specific situation.

In contrast to a typical workplace injury lawsuit that is filed in state workers' compensation or state industrial court railroad cases must be filed in federal court. The reason for this is because FELA is a federal statute which sets the standard for all laws governing worker's compensation on maritime and land law in the United States, is the foundation of railroad cases.

It is important to keep in mind that you have a specific period of time to file a FELA lawsuit. You must file a lawsuit within three years of the date you were diagnosed and should have known it was a work-related illness. An attorney with expertise in FELA will be able to help you determine when the three-year time frame begins to run.

In a recent case a 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 asbestos and diesel fumes that he was aware of at the time of diagnosis was the cause of his cancer.

How Much Damages Can I Expect to Receive in a Railroad Esophageal Cancer Case?

Railroad workers who suffer from esophageal cancer due to their job may be entitled to compensation for medical expenses or loss of earnings as well as suffering and pain. These are called economic damages, and they can be awarded in a case of railroad cancer. In many cases, non-economic damages such as emotional distress are also possible.

Expert witnesses may be utilized by railroad injury attorneys to establish the link between the negligence of an employer and esophageal or other diseases. An employee who was employed at an repair facility for trains could have been exposed to solvents like paint and degreasing substances that can lead to cancer of the esophageal lining. 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, our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds found in the drinking water at Camp Lejeune that led to veterans' esophageal cancer. There are other factors that determine the amount a plaintiff can be awarded in their railroad accident case, such as how long they stayed at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will work to maximize your amount of compensation and get you the justice you deserve. Contact  cancer lawsuits  to learn more about the case.