A. The Most Common Railroad Lawsuit Black Lung Disease Debate Could Be As Black And White As You Might Think

FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad workers to claim compensation for illnesses or injuries resulting from their work environment. A FELA lawyer can assist you in seeking damages for both economic and non-economic ones.

You must submit a claim under FELA within three years of the date you learn about your diagnosis and are aware that your medical condition is related to your employment at a railroad. An attorney can help you determine when this period starts to begin.

How do railroad workers file cancer claims?

Railroad workers who are diagnosed with cancer that may be related to their exposure to work may be eligible to claim compensation. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages. These could include medical costs, lost wages, and other expenses.

A key aspect to take into consideration when it is a railroad cancer lawsuit is that the symptoms of certain cancers could be inactive for years or even decades. Some sufferers may find it difficult to link their diagnosis to their work on the railroad. It is important to contact a FELA lawyer with experience as soon as you get a cancer diagnosis.

An experienced FELA attorney will be able to assess the situation and help workers determine whether they have an opportunity to bring an FELA lawsuit. In the majority of cases, a worker has to file a lawsuit within three years after being diagnosed with cancer. They must also be aware or have evidence to suggest that their work on the railroad has 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 passed away from stomach cancer which had metamorphosed to his colon and esophagus. The widow alleged that her husband had been exposed to asbestos-containing materials when working for CSX and that the railroad failed to take proper safety precautions to safeguard him.

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

Because railroads were the main form of transportation for passengers prior to airplanes becoming well-known, railroad workers came into contact with many substances that can cause cancer. When they were building railroads, maintaining or operating the trains or working in a shop, a lot of railroad workers were exposed dangerous carcinogens on a regular basis. These include asbestos, diesel fumes, and solvents.

People who work in the railroad industry are more susceptible to cancer than those working in other professions. For this reason, a knowledgeable railroad cancer injury lawyer could help an ex-railroad worker establish that his or her cancer was caused by a exposure to toxins in the workplace as well as chemical substances.

In cases that involve cancers that affect the upper two-thirds esophagus, the most common histologic form of tumor is squamous cell cancer. Adenocarcinoma occurs more frequently in the lower third. Other risks for esophageal tumors that are caused by work-related exposures to toxins and chemicals include smoking tobacco, reflux, and achalasia.

A widow claimed CSX Railroad exposed their husband to toxic substances in his job and led to the death of his stomach cancer. However, the Court granted Defendant's Motion for Summary Judgment and dismissed all claims.

How Do Railroad Workers File a Claim for Compensation Under FELA?

The Federal Employers Liability Act allows railroad workers to sue their employers when they suffer from illness or injuries because of their work. The FELA allows workers to claim compensation if they suffer traumatic injuries which aggravate existing conditions or occupational diseases such as cancer. A railroad esophageal carcinoma lawyer can examine your case and explain the law's application to your particular situation.

Unlike a standard workplace injury lawsuit that is filed in state workers' compensation or state industrial court railroad cases require filing in federal court. The reason is because FELA the federal statute that establishes the standards for all laws regarding worker's comp on maritime and land law in the United States, is the base of the railroad cases.

It is important to be aware that you only have a short amount of time to bring a FELA lawsuit. A suit must be brought within three years of the date you were diagnosed with the illness and should have known that it was related to work. An attorney who has experience in FELA could help you determine when the three-year time frame begins to begin.

In a recent instance, an employee of the railroad who was 62 years old was awarded $500 in damages for pain and suffering due to esophageal carcinoma. The plaintiff claimed that exposure to diesel fumes as well as asbestos and asbestos - both of which he had knowledge of at the time of his diagnosis - led to his cancer.

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

Railroad workers who suffer from esophageal carcinoma due to their work may be entitled to compensation for medical expenses, lost earnings and discomfort. These are referred to as economic damages, and can be awarded in a railroad cancer lawsuit. In  railroad class action lawsuit -economic damages like emotional distress can also be awarded.

Expert witnesses could be used by railroad injury lawyers to establish the connection between the negligence of the employer and esophageal, or other illnesses. For instance an employee who worked in a train repair shop might have been exposed to solvents such as paint and degreasing chemicals, which have a high risk of causing esophageal cancer. In some cases the military service of a veteran at Camp Lejeune may have predisposed to develop esophageal tumors.

In one instance our client was awarded $6.1 Billion as part of an action-based settlement for exposure to volatile organic compounds in the drinking water of Camp Lejeune which led to the development of esophageal carcinoma in some veterans. However, there are a myriad of other factors that can influence the amount of money a plaintiff receives in their railroad accident claim, including how much time they spent at Camp Lejeune and how severe their esophageal cancer is. We will maximize your compensation with Sokolove Law and ensure that you receive the justice you deserve. Contact us today to find out more about your case.