While it is possible to continue pursuing a claim filed under the Federal Employers Liability Act all the way into court, it is much more common for railroad companies to make a settlement offer in order to resolve the matter privately. Importantly, this does not always result in the claimant receiving less compensation than they are due. In fact, agreeing to a settlement is often the best option for both parties involved in a case like this. When it comes to settling a FELA claim based on a cancer diagnosis related to railroad work, it is particularly crucial for claimants to be aware of their rights and have a clear view of their case’s value. A knowledgeable railroad cancer attorney could provide irreplaceable assistance with both of these factors. Ohio railroad cancer settlements often need to account for both past and future losses, and enlisting help from experienced legal counsel could be key to comprehensive recovery.
How Valuable is the Typical Railroad Cancer Settlement?
FELA claims are notably different from standard workers’ compensation claims in that a FELA case allows recovery for both economic and non-economic consequences of a work-related injury or illness, whereas workers’ comp only allows recovery for certain economic losses. As a result, railroad cancer settlements in Ohio often have substantially greater financial values than settlements reached under the other method.
With that in mind, the actual value of a fair settlement will vary significantly depending on:
- How treatable a claimant’s particular form of cancer is
- What their future prospects are
- The degree to which their condition has affected and will continue to affect their daily life
- How expensive their cancer is to treat and how long they needed or will need to seek treatment for
- The other risk factors that a person may have for developing cancer, such as smoking cigarettes or family history
An experienced FELA attorney could provide much-needed clarification about what specific damages a particular claimant should keep in mind when negotiating for a fair railroad cancer settlement in Ohio.
Potential Grounds for a FELA Claim After a Cancer Diagnosis
Even today, railroad work still carries a serious risk of prolonged exposure to various hazardous substances, from diesel engine exhaust to creosote pesticides to industrial solvents. Over the past several decades, many railroad workers have also been exposed to highly dangerous and carcinogenic asbestos. This product was once a common component of insulation and other fire-retardant materials.
Based on exposure to one or more of these substances, far too many current and former railroad workers in Ohio have developed a range of cancers, including:
This is far from an exhaustive list of cancers that may be correlated with railroad work. However, anyone in Ohio who can connect their current diagnosis directly to conditions they encountered while working around or on trains may be eligible to seek restitution under FELA through a railroad cancer settlement.
Talk to an Ohio Attorney About Settlements for Railroad Cancer Claims
Even if you have plenty of medical documentation and expert input to back up your FELA claim against your current or former employer, translating that evidence into a fair settlement offer can often be a difficult task. Even though they have a duty to protect their employees as much as reasonably possible, railroad companies will still fight these claims hard and try to minimize their liability for the impact that their working conditions had on their workers.
Achieving the compensation you deserve through an Ohio railroad cancer settlement could be much easier with representation from a lawyer. Schedule your initial consultation today.