Yes, cancer is covered by the Federal Employers’ Liability Act (FELA) if the diagnosis is related to a railroad worker’s exposure to toxic substances due to their employer’s negligence.
Covered cancers can be the result of exposure to asbestos, silica, and other chemicals.
A FELA lawyer can determine if your cancer is covered under the Federal Employers’ Liability Act. If so, your attorney will advise you to file a FELA claim or lawsuit. They can handle your legal matters as you focus on treating your cancer symptoms.
When Is Cancer Covered by FELA?
Cancer is covered under FELA when a railroad worker develops a disease due to on-the-job exposure to asbestos, diesel fumes, silica, solvents, or other hazardous materials because of their employer’s carelessness or recklessness. Common claims involve lung, bladder, kidney, throat, esophageal, and colorectal cancers.
Railroad workers who have been diagnosed with cancer have up to three years to file a FELA claim or lawsuit. This window typically starts upon diagnosis and awareness that the cancer is work-related, not just the date of last exposure.
Talk with a railroad occupational exposure and cancer lawyer if you want to submit a FELA claim or lawsuit. Your lawyer can provide insights into what a cancer-related FELA case will entail. If you decide to file a FELA cancer claim or lawsuit, your attorney will position you to obtain maximum compensation from your employer.
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How Much Is a Cancer Claim or Lawsuit Covered by FELA Worth?
The compensation you receive for mesothelioma or other cancers covered by the Federal Employers’ Liability Act will depend on your quantifiable and subjective losses. Below are common reasons why railroad workers are compensated for cancer claims or lawsuits under FELA.
Medical Bills
Your FELA attorney wants you to track what you spend on doctors’ visits, therapies, and ongoing medical care for your cancer. That way, your lawyer can account for your current and future medical expenses in their argument.
Lost Wages
Every day that you can’t work due to your cancer is a missed opportunity to earn income. Tell your lawyer about your lost income and how your cancer is affecting your earning capacity. From here, your attorney will incorporate your loss of income into your compensation request.
Pain and Suffering
The physical discomfort, emotional distress, and other pain and suffering from your cancer symptoms make it tough for you to enjoy your life the way you did before your diagnosis. Your lawyer wants to know about your pain and suffering. They will also encourage you to find safe and effective ways to manage your pain and suffering as they pursue compensation for them.
Unfortunately, asking for these or other economic and non-economic damages in accordance with FELA doesn’t guarantee your employee will have to compensate you for your cancer.
Thankfully, your lawyer can craft an argument centered on negligence. If this argument is successful, you’ll be well-equipped to get the optimal case results.
Tips to Help You Get Money for Cancer Under FELA
Who you select as your legal representative and advocate makes a difference in your FELA cancer case. Choose an attorney who has a track record of success in cases similar to yours.
This lawyer will provide tips to help you with your FELA claim or lawsuit, such as:
- Get an independent medical evaluation. The doctors that your employer wants you to consult with may have the railroad company’s best interests top of mind, not yours. As such, you should ask your own doctor to perform a medical evaluation.
- Establish causation. Have your doctor document the link between your cancer and your exposure to toxic substances while you worked for a railroad company.
- Gather evidence. Collect diagnostic test results, treatment plans, doctors’ opinions, witness statements, and other proof to strengthen your case.
- Monitor your expenses. Track your out-of-pocket medical costs and lost wages since your employer could be held responsible for them.
- Be careful about what you post on social media. If you publish content about your cancer symptoms and diagnosis or other aspects of your case online, your employer could try to use it to dispute your claim or lawsuit.
As your case moves forward, share any legal concerns or questions you have with your railroad occupational exposure and cancer attorney. Meanwhile, you should continue to focus on self-care and managing your cancer symptoms while your lawyer prioritizes your legal matters.
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Get Help With Your FELA Claim or Lawsuit
You find out that your cancer is covered in alignment with FELA and want to hold your employer accountable. Remember, you have access to legal guidance and support. Partner with FELA lawyers, and you can take the first step toward getting money for any losses you incur due to your cancer diagnosis.
Don’t Get Railroaded® in your FELA case. The legal team at Poolson | Oden has over 80 years of combined experience. We offer legal help to railroad workers who’ve been diagnosed with cancer and their families. Allow us to assist you with your FELA cancer claim or lawsuit. Schedule a free case evaluation.
