Among the many dangers that railroad workers face on the job every day, the risk of contracting serious illnesses and medical conditions from exposure to toxic chemicals might be one of the most severe. Thanks to the constant presence of diesel exhaust and the industrial weedkillers many railyards use to control plant growth around tracks, lymphoma is a particularly common medical concern for long-time railroad workers. If you suspect your non-Hodgkin or Hodgkin lymphoma stemmed partially or totally from your work for a railroad company, you may have unique options for legal recovery. However, since railroad lymphoma lawsuits in Ohio work a bit differently than other civil cases built around on-the-job injuries, you may want to consider retaining an experienced railroad cancer lawyer to help you pursue a positive resolution to your claim.
What is Lymphoma?
Lymphoma is a type of cancer that impacts the lymphatic system, which governs the immune system and essentially functions as the body’s waste disposal network. Hodgkin’s lymphoma is a specific and particularly treatable type of lymphatic cancer, but many railroad workers, unfortunately, suffer from one of many types of non-Hodgkin lymphoma, which can be harder to identify and address.
While there are a number of different circumstances and substances that could contribute to a person developing cancer of the lymphatic system, two that are especially common to railroad work are glyphosate and benzene. These substances are respectively present in weed-killing chemicals and in the exhaust from engines that operate on diesel fuel. Both are considered probable carcinogens that are correlated with lymphatic cancer.
Even if another factor, like cigarette smoking, may have contributed to a railroad laborer developing lymphoma, it may still be possible to file a railroad lymphoma lawsuit in Ohio because of the role railroad work probably played in the disease’s development. A qualified attorney could help an individual worker explore the options available in their unique situation.
Damages Recoverable Through a FELA Claim
Instead of workers’ compensation insurance, railroad workers can pursue compensation for work-related injuries and illnesses by filing a claim under the Federal Employers Liability Act. FELA does not enforce strict liability on railroad employers for injuries their employees suffer, so a person seeking to file a railroad lymphoma lawsuit in Ohio must be able to prove negligence – even slight negligence by their employer in order to achieve recovery.
What is the Deadline to File a FELA Claim?
Furthermore, the statutory filing deadline set by 45 U.S. Code §56 allows railroad workers who contract lymphoma only three years in which to file suit after they discover a connection between their condition and their occupation. Determining when this three-year period begins and ends is a very complex legal determination that can only be made by an experienced railroad cancer attorney. Fortunately, if a FELA claim is successful, the filing worker should be able to hold their employer liable for medical expenses, lost income, lost earning capacity, and numerous non-economic damages related to their pain and suffering.
Seek Professional Help Filing an Ohio Railroad Lymphoma Lawsuit
Because of the unique legal complexities associated with lawsuits against railroad employers, unrepresented plaintiffs often have a uniquely difficult time recovering compensation through them. FELA regulations can be confusing to the uninitiated, and the various rules for filing established by this federal Act could greatly impede your fight for the financial restitution you deserve.
All railroad lymphoma lawsuits in Ohio should only be taken on with a seasoned railroad injury lawyer. Speak with us today to learn about how best to approach your claim.