FELA and Railroad Cancer LawsuitsThe Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries resulting from their job. A FELA lawyer for cancer can help you obtain damages for both economic losses as well as non-economic ones.You must file a claim for compensation under FELA within three years after the time you find out about your diagnosis and know that your condition is related to your work at the railroad. An attorney can assist in determining when the claim period starts to run.How railroad workers file claims for cancer?Anyone diagnosed with cancer that could be related to their exposure at work might be able to file an insurance claim. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law allows employees who are injured while working to sue their employers for damages which cover medical costs loss of wages, medical expenses and other expenses.One of the main considerations when it is a railroad cancer lawsuit is the fact that symptoms of certain cancers can be buried for years, even decades. lung cancer lawsuit may find it difficult to link their diagnosis with their railroad work. This is why it is essential to consult an experienced FELA lawyer as soon as you can after the diagnosis of cancer.A FELA attorney with experience will be able analyze the situation and determine whether the worker has a legal case to file a FELA suit. In most cases, an employee must bring a suit within three years of being diagnosed with cancer and having a reason to believe that the cancer was caused by their work in the railroad industry.Rutha Frieson sued CSX Transportation Inc. at the end of 2016 over the death of her husband Marvin Frieson. He died of stomach cancer that had spread to his colon and esophagus. The widow claimed that her husband was exposed to asbestos-containing material while working for CSX and that the railroad was unable to take sufficient safety precautions to protect him from suffering injuries.What are the common causes of esophageal cancer in the railroad industry?Because railroads were a crucial mode of transportation for passengers before aircrafts became popular, those working on trains often came into contact with a wide range of chemicals that could cause cancer. A lot of railroad workers were exposed to carcinogens while they worked on the railways, working on or maintaining them, or in the shops. They were exposed to asbestos, diesel fumes and solvents.Studies have revealed that people who work on railroads may be more likely to develop a variety of different forms of cancer than those working in other occupations. In this regard, a knowledgeable railroad cancer injury lawyer can assist an ex-railroad worker establish that the cancer was caused by exposure to toxic substances in the workplace and chemical substances.In cases involving cancers that affect the upper two-thirds of the esophagus. The most common histologic form of tumor is squamous cell cancer. The lower one-third of the esophagus are more often affected by cancer called adenocarcinoma. Other risk factors for esophageal cancer that is caused by work-related exposure to chemicals and toxins include smoking tobacco, reflux, and achalasia. lung cancer lawsuit claimed that CSX Railroad exposed her husband to a variety of toxic substances in the job, which caused his death due to stomach cancer. The Court, however, granted the Defendant's Motion for Summary Judgment. All claims were dismissed.How do railroad employees make a claim for compensation under the FELA?The Federal Employers Liability Act (FELA) allows railroad workers to file lawsuits against their employers over illnesses and injuries that occur because of work conditions. The FELA allows workers to claim compensation if they suffer injuries that cause trauma, aggravate pre-existing conditions or occupational diseases such as cancer. An experienced railroad esophageal cancer lawyer can review your case and explain how the law will apply to your particular situation.Contrary to a typical workplace injury lawsuit that is filed in state workers compensation or a state industrial court railroad cases must be filed in federal court. The reason for this is because FELA, a federal statute that establishes the standard for all worker's compensation laws on maritime and land law in the United States, is the base of the railroad cases.You have a short time to file a FELA suit. You must file a lawsuit within three years from the date you were diagnosed and should have known that it was a work-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 62-year old railroad worker was awarded damages of $500 for pain and suffering that was related to his esophageal carcinoma. The plaintiff claimed his exposure to asbestos and diesel fumes that he was aware of at the time of his diagnosis - was the reason for his cancer.How much will I be able to receive in damages from a railroad esophageal cancer case?Railroad workers who develop cancer of the esophagus due to their job could be entitled to compensation for medical expenses, lost earnings, and pain. In a case involving cancer in the railroad this is known as economic damages. Non-economic damages, for instance emotional distress, are available in many cases.Expert witnesses can be utilized by railroad injury attorneys to establish the link between the negligence of an employer and esophageal or other illnesses. An employee who was employed at a train repair facility might be exposed to solvents like paint and degreasing chemicals that can cause cancer of the esophageal tract. In some cases, military service at Camp Lejeune could have predisposed to develop esophageal cancer.In cancer lawsuits , our clients were awarded $6.1 Billion in a class action settlement for 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 influence the amount that a plaintiff will receive in a railroad-related injury claim, such as how long they stayed at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will strive to maximize your compensation and help you get the justice you deserve. Contact us for more information about the case.