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FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act allows railroad workers to claim compensation for illness or injuries resulting from their workplace. An experienced FELA cancer lawyer can assist you seek compensation for both economic and non-economic losses.

Under FELA the law, you must submit your claim within three years of learning about your condition and knowing your illness was connected to your railroad work. An attorney can help determine when this time frame begins to begin.

How Do Railroad Workers File Cancer Claims?

Railroad workers who are diagnosed with cancers that could be due to their exposure on the job may be in a position to file a claim for compensation. This is usually done through what is called a FELA (Federal Employers Liability Act) claim. The law permits those who have been injured on the job to sue their employers for damages that cover medical expenses loss of wages, medical expenses and other expenses.

When  Multiple myeloma lawsuit  is time to file a suit for railroad cancer, it is important to remember that some cancers can go unnoticed for years or even decades.  Multiple myeloma lawsuit  makes it difficult for some patients to link their diagnosis to their work on the railroad. This is why it's vital to contact an experienced FELA lawyer immediately after the diagnosis of cancer.

A FELA attorney who has experience will be able to examine the situation and decide if workers have a case to submit a FELA suit. In the majority of cases, a worker has to file a lawsuit within three years of being diagnosed with cancer. They must also be aware or have reason to believe that their railroad work has caused the cancer.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016, in relation to the death her husband Marvin Frieson. He died from stomach cancer, which had spread to his esophagus and colon.  Lymphoma lawsuit  claimed that her husband was exposed to asbestos-containing substances while working for CSX and that the railroad failed to employ the appropriate safety measures to safeguard him from harm.

What are the most frequent causes of esophageal cancer within the railroad industry?

As railroads were the primary mode of transportation for passengers prior to the time that planes became popular, employees on trains were often in contact with a range of chemicals that could cause cancer. Numerous railroad workers were exposed to carcinogens while they worked on the railroads, maintaining or operating them, or in the shops. This includes diesel fumes, asbestos and solvents.

Workers in the railroad industry are more likely to get cancer than people working in other fields. This is why a skilled railroad cancer lawyer can help a former railroad worker prove that the cancer was caused by a workplace exposure to toxins and chemical substances.

Squamous cell cancer is the most prevalent type of cancer when it comes to cancers that affect the upper two-thirds of the esophagus. The lower third of the esophagus are more frequently affected by Adenocarcinoma. Other risk factors for esophageal cancer that are 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 number of toxic substances at his job and that this caused his death due to stomach cancer. However the Court granted the Defendant's Motion for Summary Judgment and dismissed all claims.

How do railroad workers make a claim for compensation under the FELA?

The Federal Employers Liability Act allows railroad workers to sue their employers when they suffer injuries or illnesses from working conditions. The FELA allows workers to claim compensation when they suffer from injuries that are severe that aggravate existing conditions or occupational diseases like cancer. An experienced railroad esophageal cancer lawyer can evaluate your case and explain how the law applies to your particular situation.

Railroad cases must be filed with a federal court. This is different from a standard workplace accident lawsuit that is filed with state workers' compensation courts or state industrial court. This is because FELA is a federal law, and it sets the stage for all land-based worker's compensation laws and maritime law in the United States.

bnsf lawsuit  is important to keep in mind that you have a certain amount of time to start a FELA lawsuit. You must submit a lawsuit within three years from the date you were diagnosed and have known it was a work-related illness. A lawyer who has experience in FELA can assist you in determining the start of that three-year period.

In a recent court case, a 62-year-old railroad employee was awarded damages of $500 for pain and suffering relating to esophageal carcinoma. The plaintiff claimed that his exposure to diesel fumes and asbestos that he was aware of at the time of his diagnosis - was the reason he developed cancer.

How much can I receive in damages for an esophageal carcinoma case on the railroad?

Railroad workers who contract esophageal carcinoma due to their work may be entitled to compensation for medical expenses, lost earnings and pain. In a case involving cancer in the railroad, these are called economic damages. Non-economic damages, like emotional distress, are offered in a variety of cases.

Railroad injury attorneys could use expert witnesses to establish a link between negligence by an employer and the worker's esophageal cancer or another illness. For example an employee who worked in a repair shop for trains might have been exposed to solvents, such as paint and degreasing chemical that could pose a risk for cancer of the esophageal tract. In certain instances an individual's military service at Camp Lejeune may have predisposed them to developing esophageal cancer.

In one case 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 veterans developing esophageal carcinoma. However, there are numerous other factors that affect the amount of money a plaintiff gets 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 settlement at Sokolove Law and ensure that you receive the justice you deserve. Contact us today to find out more about your case.