No matter what specific tasks they perform on a given day, railroad employees have a uniquely high risk of inhaling hazardous fumes, vapors, and particles from the various dangerous substances commonly used on the railroad. Unfortunately, over a long period of time, this regular exposure to carcinogenic materials can result in the development of various forms of the cancer, particularly in the lungs, throat, and esophagus. If you were diagnosed recently with cancer of the esophagus and believe it may be related to working conditions you experienced while employed by a railroad company, you should consider reaching out to a seasoned railroad cancer attorney and discussing your options for financial recovery. With assistance from a Texas railroad esophageal cancer lawyer, you could have a much better chance of maximizing available compensation while also avoiding common legal and procedural pitfalls.
What Damages May Be Recoverable?
Instead of workers’ compensation insurance provided by their employer and governed by state law, railroad workers in Texas and across the United States are covered in the event of work-related injuries or illnesses by the Federal Employers Liability Act (FELA). Importantly, a claim pursued under FELA may allow recovery for economic and non-economic repercussions of a work-related health condition; whereas workers’ comp coverage usually only provides restitution for certain limited economic losses.
Depending on the specific losses a claimant suffers and the effects that their illness has on them, a Texas railroad esophageal cancer attorney could help demand financial recovery for any or all of the following damages:
- All medical expenses for cancer treatment, including rehabilitative care and prescription medications
- Lost wages during treatment
- Lost enjoyment of life
- Physical and emotional suffering
- Lost consortium
If esophageal cancer permanently reduces a claimant’s capacity to work, FELA also allows them to seek compensation to make up for their lost earning capacity. Furthermore, if this kind of condition directly results in a current or former railroad worker’s premature death, their surviving family members may be eligible for certain benefits under FELA as well.
Connecting Esophageal Cancer Diagnosis to Railroad Work
The tradeoff for the amount of compensation that can be recovered through a successful FELA claim is that railroad employers do not assume strict liability for all work-related illnesses and injuries similar to the workers’ comp system. Instead, a claimant who wants compensation through a FELA claim must be able to show that their employer negligently failed to provide reasonably safe working conditions, and that their failure was the primary cause of the claimant’s illness or injury.
Esophageal cancer connected to railroad work most commonly stems from exposure to asbestos, diesel fumes, industrial weedkillers and solvents, and other hazardous materials. A railroad esophageal cancer lawyer in Texas could provide crucial assistance with collecting and presenting evidence of a causal link between specific working conditions and a claimant’s diagnosis. They must also present evidence that mitigates the role a claimant’s own actions may have had in the development of cancer.
Get in Touch with a Texas Railroad Esophageal Cancer Attorney Today
Achieving comprehensive financial recovery under FELA following an esophageal cancer diagnosis is far from a simple task. You will need to account for both short-term and long-term consequences your illness might have, and conclusively establish that your former or current employer was to blame for you developing this disease in the first place.
Every step of your claim has a better chance of success if you seek help from a Texas railroad esophageal cancer lawyer. Call today for a consultation.