Revision as of 07:49, 5 June 2023 by 77.75.126.172 (talk) (Created page with "FELA and Railroad Cancer Lawsuits<br /><br />The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries caused by their job. A...")(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)FELA and Railroad Cancer LawsuitsThe Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries caused by their job. A FELA cancer lawyer could help you obtain damages for both economic losses as well as non-economic ones.Under FELA You must file your claim within three years of finding out about your diagnosis and knowing that your condition was due to your railroad work. An attorney can help determine when the time for filing a claim begins to begin.How Do Railroad Workers File Cancer Claims?Anyone diagnosed with cancer which could be due to their work-related exposure are able to file claims. This is usually done via what is called a FELA (Federal Employers Liability Act) claim. The law permits employees who are injured while working to sue their employers for damages that cover medical costs, lost wages and other costs.One important consideration when it is a railroad cancer lawsuit is the fact that symptoms of certain cancers may be buried for years, even decades. Some sufferers may find it difficult to link 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 a cancer diagnosis.A seasoned FELA attorney will be able to assess the situation and assist workers determine whether they have an opportunity to bring a FELA lawsuit. In most cases, workers must bring a suit within three years after being diagnosed with cancer and having a 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 for the death her husband Marvin Frieson. He died from stomach cancer which was spreading to his esophagus and colon. The widow claimed that her husband had been exposed to asbestos-containing materials while working for CSX and that the railroad failed to employ the appropriate safety measures to protect him.What Are the Common Causes of Esophageal Cancer in the Railroad Industry?Since railroads were a major method of transporting passengers prior to when planes became popular, employees on trains frequently came into contact with a variety of chemicals that could cause cancer. Railroad workers were frequently exposed to carcinogens when they were working on railways, operating or maintaining them, or working in shops. This includes asbestos, diesel fumes, and solvents.Studies have revealed that people working on railroads could be more susceptible to developing a variety of different types of cancer than those who work in other fields. An attorney for railroad injuries could help a former rail worker prove that their cancer was caused by work exposure to toxic chemicals and chemicals.In cases where cancers affect the upper two-thirds esophagus, the most common histologic kind of tumor is squamous cell cancer. The lower third of the esophagus is often affected by cancer called adenocarcinoma. Other risks for esophageal tumors that are caused by occupational exposure to chemicals and toxins include reflux, tobacco-smoking, and achalasia.A widow claimed that CSX Railroad exposed her husband to a variety of toxic substances in his job, and that this led to his death from stomach cancer. However the Court denied the motion of the Defendant for Summary Judgment and dismissed all claims.How do railroad employees file a claim for compensation under the FELA?The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers for injuries and illnesses that happen due to working conditions. The FELA allows workers to claim compensation when they suffer injuries that cause trauma, or worsen pre-existing conditions, or occupational illnesses such as cancer. A lawyer for railroad esophageal cancer can examine your case and explain the law's application to your specific situation.Contrary to a typical workplace injury lawsuit that is filed in state workers compensation or a state industrial court, railroad cases require filing in federal court. The reason is that FELA the federal statute that establishes the standard for all laws regarding worker's comp on maritime and land law across the United States, is the basis of the railroad cases.It is important to remember that you only have a short amount of time to bring a FELA lawsuit. A lawsuit must be filed within three years of the time you were diagnosed with your illness and must have been aware that it was work-related. A lawyer with experience in FELA will help you determine the start of that three-year period.In a recent court case, an 62 year old railroad worker was awarded damages of $500 for pain and suffering related to his esophageal carcinoma. 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 Could I Expect to Receive in a Railroad Esophageal Cancer Case? lung cancer lawsuit who contract esophageal carcinoma due to their work may be entitled to compensation for medical expenses, lost earnings, and discomfort. These are called economic damages, and they can be awarded in a railroad cancer lawsuit. Non-economic damages, like emotional distress, are available in many cases.Expert witnesses could be used by railroad injury attorneys to establish the link between negligence on the part of the employer and esophageal or other illnesses. Kidney cancer lawsuit of an establishment for train repair could be exposed to solvents, such as paint and degreasing agents which can cause Esophageal cancer. In some cases, military service at Camp Lejeune could have predisposed to develop esophageal cancer.In one instance, our client was awarded $6.1 Billion as part of a settlement in a class action for exposure to volatile organic compounds in the drinking water at Camp Lejeune which led to veterans developing esophageal carcinoma. There are many other factors that could affect the amount of money the plaintiff is awarded in their railroad injury claim, such as the amount of time they spent at Camp Lejeune and how severe their esophageal cancer. At Sokolove Law, we will endeavor to maximize your amount of compensation and get you the justice you deserve. Contact lung cancer lawsuit to find out more about the case.