wasatch railroad contractors lawsuit and Railroad Cancer Lawsuits
The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for injuries and illnesses that result from their work environment. A FELA cancer lawyer could assist you in seeking damages for both economic losses and non-economic ones.
Under FELA the law, you must file your claim within three years of learning about your diagnosis and knowing that your illness was connected to your railroad work. A lawyer can help you determine when this period starts to run.
How do railroad workers file cancer claims?
People who have been diagnosed with cancer, which could be linked to the work environment are able to make a claim. This is typically done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers to recover damages, which could include medical costs, lost wages, and other expenses.
When it comes to a lawsuit for railroad cancer, it is important to keep in mind that certain cancers are not spotted for many years or even decades. Some patients may find it difficult to connect their diagnosis to their railroad work. This is why it is crucial to speak with an experienced FELA lawyer immediately following the diagnosis of cancer.
A seasoned FELA attorney will be able to assess the situation and assist workers determine if they have an opportunity to file a FELA lawsuit. In most cases, a worker must present a suit within three years of being diagnosed with cancer and knowing or having reason to know that the cancer was caused by their railroad work.
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 that had metastasized to his esophagus and colon. The widow claimed that her late husband was exposed to asbestos-containing material while working for CSX, and that the railroad was unable to take appropriate safety measures to protect him from suffering injuries.
What Are the Common Causes of Esophageal Cancer in the Railroad Industry?
Since railroads were a key mode of transportation for passengers before planes became popular, employees on trains often came into contact with a variety of chemicals that could cause cancer. Whether they were building railways, operating trains, or working in a workshop, many railroad workers were exposed carcinogens that were dangerous on a regular basis. This includes asbestos, diesel fumes, and solvents.
Research has proven that those who work on railroads may be more susceptible to developing a variety of different kinds of cancer than people working in other occupations. A railroad cancer injury attorney could assist a former railroad worker establish that their cancer was caused by their work exposure to chemicals and toxins.
Squamous cell cancer is the most commonly encountered type of cancer in cases of cancers that affect the upper two-thirds of the esophagus. The lower third of the esophagus is frequently affected by cancer called adenocarcinoma. Other risk factors for esophageal cancer that result from work-related exposures to toxins and chemicals include reflux, tobacco-smoking, and achalasia.
A widow claimed that CSX Railroad exposed her husband to a range of toxic substances in his job. She claimed that this resulted in his death from stomach cancer. 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 employees to sue their employers if they suffer from injuries or illness due to work conditions. The FELA allows workers to seek compensation for injuries sustained in traumatic accidents and aggravations to pre-existing conditions and occupational illnesses such as cancer. An experienced railroad esophageal cancer lawyer can evaluate your case and explain how the law applies to your specific situation.
In contrast to a typical workplace injury lawsuit that is filed in state workers compensation or a state industrial court railroad cases must be filed in federal court. The reason for this is because FELA, a federal statute that establishes the standard for all worker's compensation laws in maritime and land law in the United States, is the basis for the railroad cases.
It is important to be aware that you have a specific period of time to start a FELA lawsuit. A lawsuit must be filed within three years of the date you were diagnosed with the illness and you should have realized that it was due to work. An attorney with expertise in FELA will be able to help you determine when the three-year period will begin to begin.
In a recent case an employee of a railroad aged 62 was awarded $500 in damages for pain and suffering related to his esophageal cancer. The plaintiff claimed that his exposure to diesel fumes and asbestos - both of which he was aware of at the time of his diagnosis - led to his cancer.
What amount can I expect in damages from a railroad esophageal cancer case?
Railroad employees who suffer from esophageal cancer caused by their jobs may be entitled to compensation for medical expenses as well as loss of earnings and suffering. In a case involving cancer in the railroad these are known as economic damages. In many cases other damages, such as emotional distress are also awarded.
Railroad injury lawyers could employ experts to establish a link between the negligence of an employer and the worker's esophageal tumor or other illness. A former employee of a train repair facility might have been exposed to solvents such as paint or degreasing substances that can lead to cancer of the esophageal lining. In some cases military service at Camp Lejeune could have predisposed a veteran to develop esophageal cancer.
In one case, our clients were awarded $6.1 Billion in a class action settlement for exposure to volatile organic compounds in drinking water at Camp Lejeune that led to the development of esophageal cancer among veterans. However, there are numerous other factors that affect the amount the plaintiff is awarded in their railroad injury claim, including the length of time they spent at Camp Lejeune and how severe their esophageal cancer. At Sokolove Law, we will make sure you receive the maximum amount of compensation and ensure that you receive the justice you deserve. Contact us today to find out more about your case.