In addition to accidents on the job and injuries from heavy machinery and materials, railroad workers in Ohio unfortunately also have a high risk of long-term damage to their health due to their chosen careers. In recent years, bladder cancer has emerged as one of many dangerous and potentially deadly conditions correlated with years of working in railyards and around locomotives. If you were recently diagnosed with bladder cancer and suspect your work as a railroad laborer may have contributed to causing it, an Ohio railroad bladder cancer lawyer may be able to help you. With guidance from a seasoned railroad cancer attorney, you may be able to file a claim under the Federal Employers Liability Act (FELA) and hold your current or former employer liable for the dangerous working conditions they exposed you to.
FELA Claims for Railroad Bladder Cancer
The Federal Employers Liability Act imposes numerous regulations and requirements on railroad employers meant to protect the workers under their supervision. In addition, this act serves as an alternative to workers’ compensation insurance for railroad workers, allowing them to file suit directly against their employer for on-the-job injuries and illnesses.
As an Ohio railroad bladder cancer attorney could explain in further detail, numerous studies—not to mention prior FELA lawsuits—have linked exposure to asbestos, industrial weedkillers and solvents, and diesel fumes to numerous forms of cancer, including cancer of the bladder. Accordingly, if a railroad employer did not take appropriate action to minimize their workers’ exposure to these and other hazardous substances, they could be liable under FELA to pay compensation to employers impacted by their negligence.
Filing a FELA Claim
Unlike a typical workers’ comp claim, a worker filing for compensation through a FELA claim is required to prove negligence by their employer before they can receive any money. One of the most important services legal counsel could provide to a railroad worker suffering from bladder cancer is helping to collect and present evidence of a causal relationship between an employer’s reckless actions and that worker’s cancer diagnosis.
What Types of Damages Could Injured Railroad Workers Recover Through FELA?
Furthermore, a railroad bladder cancer lawyer in Ohio could help a FELA claimant effectively seek damages for every injury and loss caused by their employer’s misconduct. In addition to economic damages like wage loss and medical expenses, FELA claims can also seek compensation for non-economic damages like loss of enjoyment of life and physical pain and suffering—another key difference between FELA coverage and traditional workers’ compensation.
Deadline to File a FELA Claim
Finally, a legal representative could ensure a FELA claimant is able to file their claim within the deadline set by federal law. According to 41 U.S. Code §56, FELA claims must be filed within three years of the date “the cause of action accrued,” which typically means the date on which the claimant first determined—or reasonably should have determined—that their railroad employer’s negligence directly contributed to their injury or illness. Only an experienced FELA Ohio bladder cancer lawyer can determine exactly when these claims must be filed.
Get in Touch with an Ohio Railroad Bladder Cancer Attorney Today
Cancers of the bladder and urinary tract can be difficult to treat and excruciatingly painful to deal with, to say nothing of the pile of medical bills you could end up facing for your treatment. If you are suffering from bladder cancer because of the work you did for a railroad company, pursuing compensation through FELA from your former or current employer may be in your best interests.
A qualified Ohio railroad bladder cancer lawyer could go over your legal options with you and work tirelessly to help you pursue a positive resolution to your claim. Call today to learn more or to set up a private consultation.