12 Companies Leading The Way In Railroad Lawsuit Black Lung Disease

FELA and Railroad Cancer Lawsuits

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

You must submit a claim under FELA within three years after you are diagnosed and you are aware that the health issue is connected to your work at the railroad. A lawyer can help you determine when the time for filing a claim begins to run.

How Do Railroad Workers Claim Cancer Claims?

Railroad workers who are diagnosed with cancer that could be related to their exposure to work may be able to claim compensation. This is usually done by filing a FELA claim (Federal Employers Liability Act). The law allows injured employees to sue their employer for damages. These could include medical costs, lost wages, and other expenses.

When it comes to a lawsuit involving railroad cancer, it is important to remember that some cancers may go unnoticed for many years or even decades. Some patients may be unable to link their diagnosis with their work on the railroad. This is why it's crucial to speak with an experienced FELA lawyer immediately after an announcement of cancer.

A FELA attorney with experience can examine the situation and decide whether a worker is eligible to bring a FELA suit. In most cases, workers must bring a suit within three years after being diagnosed with cancer and knowing or having reason to know that the cancer was caused by their railroad work.

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

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

Since railroads were a major form of passenger transportation before planes became popular, employees on trains often came in contact with a myriad of chemicals that could cause cancer. When they were building railroads, maintaining or operating the trains or working in a shop, many railroad workers were exposed to dangerous carcinogens on a regular basis. These include asbestos, diesel fumes, and solvents.

Studies have revealed that people who work in railroads could be more susceptible to developing a variety of different types of cancer than people who work in other professions. A lawyer who specializes in railroad cancer can assist a former rail worker establish that their cancer was the result of workplace exposure to chemicals and toxins.

Squamous cell cancer is the most common type of tumor when it comes to cancers that affect the upper two-thirds of the esophagus. The lower one-third of the esophagus is frequently affected by Adenocarcinoma. Other risk factors for esophageal cancer that result from work-related exposures to toxins and chemicals include smoking tobacco, reflux, and achalasia.

A widow claimed CSX Railroad exposed their husband to a number toxic substances during his job, which led to his stomach cancer dying. The Court was able to grant the Defendant's Motion for Summary Judgment. All claims were dismissed.

How do railroad employees file a claim to be compensated under the FELA?

The Federal Employers Liability Act allows railroad employees to sue their employers when they suffer injuries or get sick due to working conditions. The FELA allows workers to seek compensation for injuries sustained in traumatic accidents and aggravations to pre-existing conditions and occupational diseases like cancer. A knowledgeable railroad esophageal cancer lawyer can review your case and explain how the law applies to your situation.

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

You have a time limit to submit a FELA suit. You must submit a lawsuit within three years of the date you were diagnosed and have known that it was a work-related health issue. An attorney who has expertise in FELA can assist you in determining when that three-year period starts to run.

In a recent court case, a 62-year-old railroad worker was awarded damages of $500 for pain and suffering that was related to his esophageal cancer. The plaintiff claimed that his exposure to diesel fumes as well as asbestos - both of which he was aware of prior to his diagnosis - triggered his cancer.

What amount can I expect in damages from an esophageal tumor case that was uncovered on the railroad?

Railroad workers who suffer from esophageal cancer due to their jobs may be entitled to compensation for medical expenses, loss of earnings, and pain and suffering. In a case involving cancer in the railroad they are referred to as economic damages. In many instances, non-economic damages such as emotional distress are also awarded.

Railroad injury attorneys can use expert witnesses to establish a link between negligence by an employer and the worker's esophageal or other illness.  Railroad Cancer Lawsuit Settlements  who was employed at an repair facility for trains could be exposed to solvents such as paint or degreasing agents which can cause cancer of the esophageal lining. In some cases the military experience of a veteran at Camp Lejeune may have predisposed to develop esophageal tumors.

In one instance our clients were awarded $6.1 Billion in a class action settlement over exposure to volatile organic compounds found in the drinking water at Camp Lejeune that led to the development of esophageal cancer in veterans. There are a variety of other factors that affect the amount that a plaintiff will receive in their railroad injury case, such as how long they were at Camp Lejeune, and how severe their cancer is. We will maximize your compensation at Sokolove Law and ensure that you receive the justice you deserve. Contact us today for more about your case.