How To Get More Results Out Of Your Railroad Lawsuit Black Lung Disease

union pacific railroad lawsuit  and Railroad Cancer Lawsuits

The Federal Employers Liability Act (FELA) allows railroad workers to seek compensation for illnesses and injuries caused by their work environments. A FELA lawyer can help you seek damages for both economic and non-economic ones.

Under FELA You must file your claim within three years of learning about the diagnosis and knowing that your condition was related to your railroad work. An attorney can assist in determining when this timeframe starts to begin.

How railroad workers file cancer claims?

Railroad workers diagnosed with cancers that could be due to exposure on the job may be able to file a claim for compensation. This is often done through what is known as a FELA (Federal Employers Liability Act) claim. The law permits injured employees to sue their employers for damages. These could include medical costs, lost wages, and other expenses.

One of the most important aspects to consider when it concerns a railroad-related cancer lawsuit is that the symptoms of certain cancers can go dormant for years or even decades. This makes it challenging for some patients to connect their diagnosis with their involvement in the railroad. This is why it's essential to consult an experienced FELA lawyer immediately following the diagnosis of cancer.

A FELA attorney with experience will be able assess the situation and determine whether the worker has a legal case to bring a FELA suit. In the majority of cases, a worker has to file a lawsuit within three years after being diagnosed with cancer. They must also know or have evidence to suggest that their work on railroads has caused the cancer.

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 spread to his esophagus and colon.  Leukemia lawsuit  alleged that her husband was exposed to asbestos-containing products when working for CSX and that the railroad failed to make the necessary safety precautions to protect him.

What Are the Common Causes of Esophageal Cancer in the Railroad Industry?

Because railroads were the main mode of transport for passengers prior to the time that airplanes became well-known, railroad workers came into contact with a myriad of chemicals that could cause cancer. When they were building railways, operating trains, or working in a shop, a lot of railroad workers were exposed dangerous carcinogens on a regular basis. This includes diesel fumes asbestos and solvents.

People who work in the railroad industry are more likely to develop cancer than people working in other professions. For this reason, a knowledgeable railroad cancer injury lawyer could help an ex-railroad worker establish that the cancer was the result of a exposure to toxins in the workplace as well as chemical substances.

Squamous cell cancer is the most common type of cancer when it comes to cancers that affect the upper two thirds of the esophagus. The lower one-third of the esophagus are more frequently affected by Adenocarcinoma. Other risk factors caused by exposure to toxins or chemicals at work include smoking, reflux, and achalasia.

Bladder cancer lawsuit  alleged that CSX Railroad exposed their husband to toxic substances during his job that led to the death of his stomach cancer. The Court was able to grant the Defendant’s Motion for Summary Judgment. All claims were dismissed.

How do railroad workers make 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 permits workers to claim compensation for traumatic injuries as well as aggravations caused by pre-existing health conditions and occupational diseases like cancer. A knowledgeable railroad esophageal cancer lawyer will review your case and explain how the law is applicable to your specific situation.

In contrast to a typical workplace injury lawsuit filed in state workers compensation or a state industrial court, railroad cases require filing in federal court. The reason for this is because FELA, a federal statute that sets the standard for all worker's compensation laws on land and maritime law throughout the United States, is the basis for the railroad cases.

It is crucial to remember that you only have a certain amount of time to bring a FELA lawsuit. You must start a lawsuit within three years of the date you were diagnosed and have known it was a health issue that was caused by work. An attorney with expertise in FELA can help you determine the date that the three-year period begins to run.

In one recent case, an employee of the railroad who was 62 years old was awarded damages of $500 for pain and suffering due to esophageal tumors. The plaintiff argued that exposure to diesel fumes and asbestos which he was aware of at the time of diagnosis was what caused his cancer.

How much could I be awarded in damages from a railroad esophageal cancer case?

Railroad employees who suffer from esophageal cancer due to their work can be entitled to compensation for medical expenses, loss of earnings, as well as suffering and pain. These are known as economic damages, and can be awarded in a lawsuit for railroad cancer. In many instances there are also non-economic damages, like emotional distress can also be awarded.

Railroad injury attorneys could use expert witnesses to establish a link between an employer's negligence and the worker's esophageal cancer or other diseases. A former employee of the train repair facility could be exposed to solvents such as paint and degreasing agents that can cause esophageal carcinoma. In  Leukemia lawsuit  at Camp Lejeune could have predisposed to develop esophageal carcinoma.

In one case, 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 in Camp Lejeune which led to the development of esophageal carcinoma in some veterans. However, there are a myriad of other factors that can influence the amount of money the plaintiff receives in their railroad injury lawsuit, for example, how long 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 the case.