You Can Explain Railroad Lawsuit Black Lung Disease To Your Mom
FELA and Railroad Cancer Lawsuits
The Federal Employers Liability Act allows railroad employees to claim compensation for illness or injuries caused by their workplace. A FELA cancer lawyer could help you obtain damages for both economic losses as well as non-economic ones.
Under FELA the law, you must file your claim within three years of finding out about the diagnosis and knowing that your condition was related to your railroad work. An attorney can help you in determining when this timeframe starts to run.
How Do cancer lawsuits File Cancer Claims?
Patients diagnosed with cancer, that could be related to their work-related exposure could be able to file an insurance claim. This is often done through what is called a FELA (Federal Employers Liability Act) claim. The law allows those who have been injured on the job to sue their employers for damages that cover medical costs as well as lost wages and other expenses.
When it is time to file a lawsuit against railroad cancer, it is important to remember that some cancers might go unnoticed years or even decades. cancer lawsuit may find it difficult to link their diagnosis to their railroad work. This is why it's so important to contact an experienced FELA lawyer immediately following a cancer diagnosis.
A FELA attorney who has experience will be able to evaluate the situation and determine whether the worker has a legal case to submit a FELA suit. In the majority of cases, workers must present a suit within three years of being diagnosed with cancer and having a reason to know that the cancer was caused by their work in the railroad industry.
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 spread to his esophagus and colon. The widow claimed that her husband was exposed to asbestos-containing substances while working for CSX and that the railroad did not use the proper safety precautions to protect him.
What are the most common causes of Esophageal Cancer in the Railroad Industry?
Since railroads were a major mode of transportation for passengers prior to the time that airplanes were popular, people on trains often came in contact with a myriad of chemicals that could cause cancer. If they were building railroads, maintaining or operating trains, or working in a shop, many railroad workers were exposed carcinogens with a high risk of causing cancer on a daily basis. This includes asbestos, diesel fumes and solvents.
The people who work in the railroad industry are more susceptible to cancer than people who work in other professions. A lawyer who specializes in railroad cancer could assist a former railroad worker prove that their cancer was the result of workplace exposure to toxic chemicals and chemicals.
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 is frequently affected by the adenocarcinoma. Other risk factors for esophageal cancer that are caused by work-related exposures to toxins and chemicals include smoking cigarettes, reflux, and achalasia.
A widow claimed that CSX Railroad exposed their husband to harmful substances while he worked and led to the death of his stomach cancer. cancer lawsuit , however, granted the Defendant’s Motion for Summary Judgment. All claims were dismissed.
How do railroad employees file a claim for compensation under the FELA?
The Federal Employers Liability Act allows railroad employees to sue their employers when they suffer from illness or injuries due to working conditions. The FELA permits workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational illnesses such as cancer. A railroad esophageal carcinoma lawyer can review your case and explain the law's application to your specific situation.
Railroad cases must be filed in federal court. This differs from a typical workplace injury lawsuit filed with state workers' compensation courts or the state industrial court. This is due to the fact that FELA is a federal statute that sets the tone for all land-based worker's compensation laws and maritime law in the United States.
You have a limited time to bring a FELA suit. You must make a claim within three years of the date that you were diagnosed and have known it was a work-related illness. An experienced lawyer in FELA can help you determine the date of the three-year period.
In one recent case, an employee of a railroad aged 62 was awarded $500 in damages for pain and suffering due to esophageal carcinoma. The plaintiff claimed that exposure to diesel fumes and asbestos - both of which he was aware of prior to his diagnosis - led to his cancer.
How Much Damages Can I Expect to Receive in a Railroad Esophageal Cancer Case?
Railroad employees suffering from esophageal tumors caused by their work may be entitled to compensation for medical expenses or loss of earnings as well as suffering and pain. These are known as economic damages and are awarded in a lawsuit for railroad cancer. Other damages, like emotional distress, are available in a number of cases.
Railroad injury attorneys may use expert witnesses to establish a connection between negligence by an employer and the worker's esophageal or other disease. For example, a former worker at an repair shop for trains could have been exposed to solvents such as paint and degreasing substances that can are a risk for esophageal cancer. In some cases the military experience at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.
In one instance 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. However, there are a myriad of other factors that can influence the amount a plaintiff receives in their railroad accident claim, including the length of time they spent at Camp Lejeune and how severe their esophageal 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.