FELA and Railroad Cancer Lawsuits

The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses caused by their workplaces. An experienced FELA cancer attorney could help you seek compensation for both economic as well as non-economic losses.

Under FELA under FELA, you have to submit your claim within three years of finding out about your condition and knowing your illness was connected to your railroad lawsuit work. An attorney can assist you determine when this time frame begins to run.

How Do Railroad Workers File Cancer Claims?

Railroad workers diagnosed with cancer that could be caused by their exposure on the job may be able to claim compensation. This is typically done by filing an FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employers to recover damages, which could include medical costs or payout lost wages, as well as other expenses.

A key aspect to take into consideration when it comes to a railroad cancer lawsuit is that symptoms of certain cancers may be buried for years, even decades. This makes it difficult for some patients to link their diagnosis with their work on the railroad workers cancer lawsuit. It is important to contact a FELA lawyer who has experience as soon as you get a cancer diagnosis.

A FELA attorney with experience will be able analyze the situation and determine whether workers are eligible to submit a FELA suit. In most cases, an employee must present a suit within three years of being diagnosed with cancer and having reason to know that the cancer was due to their railroad work.

Rutha Frieson sued CSX Transportation Inc. at the end of 2016 in connection with the death her husband Marvin Frieson. He died from stomach cancer that was spreading to his esophagus and colon. The widow claimed that her late husband had been exposed asbestos-containing substances while working at CSX and that the railroad was unable to take adequate safety precautions to protect his injuries.

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

As railroads were the primary mode of transportation for passengers prior to the time that airplanes were popular, people on trains often came in contact with a variety of chemicals that could cause cancer. It didn't matter if they were building railways, maintaining or operating trains, or working in a shop, a lot of railroad workers were exposed to dangerous carcinogens on a regular basis. They were exposed to asbestos, diesel fumes, and solvents.

People who work in the railroad industry are more susceptible to cancer than those who work in other occupations. A railroad cancer injury attorney could help a former rail worker establish that their cancer was caused by work exposure to toxic chemicals and chemicals.

Squamous cell cancer is the most common type of cancer when it comes to cancers that affect the upper two thirds of the esophagus. Adenocarcinoma tends to be more prevalent in the lower one-third. Other risk factors for esophageal carcinoma that are caused by occupational exposures to toxins and chemicals include smoking tobacco, reflux, and achalasia.

A widow claimed CSX Railroad exposed their husband to harmful substances while he worked and led to his stomach cancer dying. The Court, however, granted the defendant's motion for summary Judgment. All claims were dismissed.

How do railroad employees submit a claim for compensation under the FELA?

The Federal Employers Liability Act allows railroad workers to sue their employers if they suffer from injuries or illness due to work conditions. The FELA allows workers to claim compensation if they suffer traumatic injuries, aggravate pre-existing conditions or occupational diseases such as cancer. A lawyer for railroad esophageal cancer will review your case and explain the law's application to your specific 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 court or a state industrial court. This is because FELA is a federal law that establishes the legal framework for all land-based worker's compensation laws and maritime law in the United States.

You have a limited time to submit a FELA suit. A lawsuit must be filed within three years from the time you were diagnosed with your illness and should have known that it was due to work. An attorney who has expertise in FELA will be able to help you determine the date that the three-year period begins to run.

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

How Much Damages Could I Get in a Railroad Esophageal Cancer Case?

Railroad workers who suffer from Esophageal cancer as a result of their work can be entitled to compensation for medical expenses, lost earnings and pain. These are called economic damages and can be awarded in a lawsuit for railroad cancer. In many instances other damages, such as emotional distress are also available.

Railroad injury attorneys can use expert witnesses to establish a connection between an employer's negligence and payout the worker's esophageal tumor or other diseases. For instance, a former worker at the repair shop for trains may have been exposed to solvents, such as paint and degreasing chemicals, which pose a risk for esophageal cancer. In certain instances there is a possibility that military service at Camp Lejeune could have predisposed to develop esophageal cancer.

In one instance our client was awarded $6.1 Billion as part of a class-action settlement for the exposure to volatile organic compounds in the drinking water at Camp Lejeune which led to patients developing esophageal cancer. There are a myriad of other factors that influence the amount a plaintiff will receive in a railroad injury case, such as the long they stayed at Camp Lejeune, and how severe their cancer is. We will maximize your payout at Sokolove Law and ensure that you get the justice you deserve. Contact us to learn more about the case.