Railroad Lawsuit Black Lung Disease: A Simple Definition

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 lawyer can help you obtain damages for both economic losses as well as non-economic ones.

You must make a claim under FELA within three years from the time you are diagnosed and know that your medical condition is related to your employment at a railroad. An attorney can assist in determining when this timeframe starts to begin.

How railroad workers file cancer claims?

Railroad workers who have been diagnosed with cancer that may be due to their exposure to their work might be in a position to claim compensation. This is usually done by filing a FELA claim (Federal Employers Liability Act). The law permits injured employees to sue their employers for damages. These could include medical costs as well as lost wages and other expenses.

When it comes to a lawsuit involving railroad cancer, it's important to remember that some cancers are not spotted for many years or even decades. This makes it difficult for some patients to connect their diagnosis to their involvement in the railroad. It is crucial to contact a FELA lawyer with experience as soon as you receive a cancer diagnosis.

A FELA attorney with experience will be able assess the situation and determine if workers have a case to file a FELA suit. In most cases, a worker has to file a lawsuit within three years after being diagnosed with cancer.  Bladder cancer lawsuit  must also know or have a reason to believe that their railroad work led to 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 developed into his colon and esophagus. The widow alleged that her husband had been exposed to asbestos-containing products while working for CSX and that the railroad did not employ the appropriate safety measures to protect him.

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

Since railroads were the primary mode of transport for passengers before airplanes became popular, train workers came into contact with a myriad of substances that can cause cancer. Railroad workers were frequently exposed to carcinogens when they were working 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 in railroads could be more likely to develop a range of different kinds of cancer than people who work in other occupations. A railroad cancer injury attorney could assist a former railroad worker prove that their cancer was the result of workplace exposure to chemicals and toxins.

Squamous cell cancer is the most frequent kind of tumor that occurs when it comes to cancers that affect the upper two thirds of the esophagus. Adenocarcinoma occurs more frequently in the lower third. Other risk factors for esophageal carcinoma that is caused by work-related exposures to toxins and chemicals include smoking, reflux and achalasia.

A widow claimed that CSX Railroad exposed her husband to a range of toxic substances at his job and that this caused his death from stomach cancer. However, the Court granted the 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 (FELA) allows railroad workers to bring lawsuits against their employers over injuries and illnesses that arise due to working conditions. The FELA allows workers to seek compensation if they suffer injuries that cause trauma that aggravate existing conditions or occupational diseases, such as cancer. An experienced railroad esophageal cancer lawyer can review your case and explain how the law applies to your particular situation.

Unlike a standard workplace injury lawsuit that is filed in state workers compensation or a state industrial court, railroad cases need to be filed in federal court. This is due to the fact that FELA is a federal statute that sets the tone for all other land-based worker's insurance laws and maritime law in the United States.

It is important to remember that you have a certain period of time to file a FELA lawsuit. You must start a lawsuit within three years of the date you were diagnosed and should have known that it was a health issue that was caused by work. An attorney with expertise in FELA can help you determine when the three-year time frame begins to begin.

In one recent case, an employee of a railroad aged 62 was awarded $500 in damages for pain and suffering due to esophageal tumors. The plaintiff argued that exposure to diesel fumes and asbestos which he knew about at the time of his diagnosis - was what caused his cancer.

How Much Damages can I Recover in a Train Esophageal Cancer Case?

Railroad workers who develop Esophageal cancer as a result of their work can be entitled to compensation for medical expenses, lost earnings, and suffering. These are called economic damages, and are awarded in a case of railroad cancer. Other damages, like emotional distress, are also accessible in many instances.

Expert witnesses could be used by railroad injury attorneys to establish a link between negligence on the part of the employer and esophageal, or other diseases. An employee who was employed at the train repair facility could be exposed to solvents, such as paint and degreasing agents which can cause Esophageal cancer. In some instances an individual's military service at Camp Lejeune may have predisposed to develop esophageal tumors.

In one case in which our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds found in drinking water at Camp Lejeune that led to Esophageal cancer of veterans. There are other factors that determine the amount that a plaintiff will be awarded in their railroad accident case, such as how they stayed at Camp Lejeune, and how the severity of their cancer. At Sokolove Law, we will strive to maximize your amount of compensation and get you the justice you deserve. Contact us today to learn more about your case.