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FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries caused by their workplace. A FELA lawyer can assist you in seeking damages for both economic losses and non-economic ones.

You must file a claim under FELA within three years after you are diagnosed and know that your medical condition is related to your employment at a railroad. A lawyer can assist you in determining when this timeframe begins to begin.

How railroad workers file claims for cancer?

Railroad workers diagnosed with cancer that may be due to their exposure to their work might be able to claim compensation. This is typically done by filing a FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employers for damages, which can include medical expenses, lost wages, and other expenses.

When it comes to a lawsuit for railroad cancer, it is important to remember that some cancers might go unnoticed years or even decades. Some patients may find it difficult to link their diagnosis to their railroad work. It is crucial to contact an FELA lawyer with experience as soon as you get a cancer diagnosis.

A FELA attorney with years of experience can evaluate the situation and determine whether workers are eligible to submit 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 evidence to suggest that their work on the railroad led to the cancer.

At class action lawsuit for lung cancer of 2016, Rutha Frieson filed a lawsuit against CSX Transportation Inc. for the death of her husband, Marvin Frieson, who died of stomach cancer that had developed into his esophagus and colon. The widow claimed that her husband was exposed to asbestos-containing materials while working for CSX and that the railroad had failed to take sufficient precautions to safeguard his injuries.

What are the common causes of esophageal cancer within the railroad industry?

Because railroads were the principal form of transportation for passengers prior to airplanes becoming widely used, those working on trains came into contact with many chemicals that could cause cancer. A lot of railroad workers were exposed to carcinogens during their time were working on the railways, working on or maintaining them, or in the shops. These include asbestos, diesel fumes, and solvents.

Research has proven that those working on railroads could be more likely to develop a range of different forms of cancer than people who work in other occupations. In this regard, an experienced railroad cancer lawyer could help a former railroad worker prove that their cancer was the result of a workplace exposure to toxins and chemical substances.

Squamous cell cancer is the most prevalent kind of tumor that occurs when it comes to cancers that affect the upper two thirds of the esophagus. The lower one-third of the esophagus is often affected by Adenocarcinoma. Other risk factors 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 her husband to a number of toxic substances in his job. She claimed that this caused his death due to stomach cancer. However, the Court denied the motion of the Defendant for Summary Judgment and dismissed all claims.





How do railroad workers 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 because of work conditions. The FELA allows workers to claim compensation for injuries sustained in traumatic accidents as well as aggravations caused by pre-existing health conditions and occupational illnesses such as cancer. An experienced railroad esophageal cancer lawyer can review your case and explain how the law will apply to your particular situation.

Railroad cases must be filed in federal court. This differs from a typical workplace accident lawsuit filed in the state workers' compensation court or state industrial court. The reason is because FELA which is a federal law that establishes the standards for all worker's compensation laws on maritime and land law in the United States, is the basis of the railroad cases.

It is important to keep in mind that you only have a certain amount of time to start a FELA lawsuit. You must submit a lawsuit within three years of the date that you were diagnosed and should have known it was a work-related health issue. A lawyer with experience in FELA can help you determine the date of the three-year period.

In a recent instance, a railroad worker aged 62 was awarded damages of $500 for pain and suffering due to esophageal tumors. The plaintiff argued that exposure to diesel fumes and asbestos which he was aware of at the time of his diagnosis - was the cause of his cancer.

What amount can I expect in damages from an esophageal carcinoma case on the railroad?

Railroad employees who suffer from esophageal carcinoma caused by their jobs may be entitled to compensation for their medical expenses or loss of earnings as well as pain and suffering. These are referred to as economic damages, and are awarded in a lawsuit against railroads for cancer. Non-economic damages, like emotional distress, are available in a number of cases.

Expert witnesses may be utilized by railroad injury lawyers to establish the link between negligence on the part of an employer and esophageal or another diseases. For instance the former worker at a train repair shop might have been exposed to solvents such as paint and degreasing chemicals that pose a risk for esophageal cancer. In certain instances, a veteran's military service at Camp Lejeune may have predisposed to develop esophageal carcinoma.

In one case, our client was awarded $6.1 Billion as part of an agreement for a class-action settlement due to the exposure to volatile organic compound in the drinking water at Camp Lejeune which led to people suffering from esophageal cancer. There are a myriad of other factors that influence the amount a plaintiff will be awarded in their railroad accident case, including how long they stayed at Camp Lejeune, and how severe their cancer is. We will maximize your settlement at Sokolove Law and ensure that you get the justice that you deserve. Contact us today to learn more about your case.