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Railroad employees who suffer from occupational illnesses such as cancer have the right to bring a lawsuit under the Federal Employers' Liability Act. It isn't always easy to prove that a health issue is related to work.

A worker, for instance could have signed a release following having settled an asbestos claim. Then, he sued for cancer he claimed was caused by the exposures.

Statute of Limitations under the FELA

In many workers' comp cases, the clock starts to run on the claim as soon as an injury is reported. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease and cancer years after the fact. This is why it's so important to get an FELA injury or illness report as soon as possible.

Unfortunately, the railroad will often attempt to dismiss a case by arguing that the employee did not act within the three-year limitation period. Courts typically use two Supreme Court cases to determine when the FELA clock begins.

In the beginning, they will determine whether the railroad worker is aware that his or her symptoms are related to their work. If the railroad employee visits to a doctor and the doctor concludes that the injuries are related to work, the claim is not time barred.

Another thing to consider is the length of time since the railroad employee started to notice signs. If the employee has been experiencing breathing difficulties for a number of years and attributes the problems to their railway work It is likely that the railroad worker is within the time limits. If you are concerned about your FELA claim, please set up a an appointment for a free consultation with one of our lawyers.

Employers' Negligence

FELA lays out an legal foundation for railroad employees to make employers accountable for their actions. Railroad employees can sue their employers in full for their injuries unlike many other workers who are confined to worker's compensation plans with fixed benefits.

Our lawyers recently obtained the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, chronic bronchitis as well as Emphysema from their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the cancer of the plaintiffs was not related to their work at the railroad and the lawsuit was deemed to be time-barred due to the fact that it was more than three years since they discovered that their health problems were due to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad didn't inform its employees about the dangers of asbestos and diesel exhaust while working and that the railroad did not have safety procedures in place to safeguard its workers from harmful chemicals.

It is recommended to hire an experienced lawyer immediately even though a person could have up to three years to make an FELA suit from the date they were diagnosed. The sooner your lawyer starts collecting witness statements, documents and other evidence the better chance is of winning the case.

Causation

In a personal-injury action plaintiffs must show that the actions of a defendant led to their injuries. This is referred to as legal causation. This is the reason it's important that an attorney take the time to study a claim prior to submitting it in court.

Railroad workers are exposed to hundreds of chemicals, including carcinogens and other pollutants, through diesel exhaust on its own. These microscopic particles penetrate deep into lung tissue, causing inflammation and damage. Over time, these damages can lead to debilitating conditions such as chronic bronchitis, or COPD.

One of our FELA case involves a former train conductor who developed chronic obstructive pulmonary ailments and asthma after a long period of time in cabs without any protection. In addition, he developed back problems that were painful due to his long hours of lifting, pushing and pulling. The doctor told him these problems were the result of his exposure to diesel fumes which he claimed aggravated the other health issues he was suffering from.

Our attorneys were able to retain favorable court rulings in trial as well as a small federal juror award for our client. The plaintiff claimed that the train derailment, and subsequent release of vinyl chloride from the rail yard impacted his physical condition as well as his mental state, as he worried about developing cancer. The USSC found that the railroad defendant did not have any responsibility for the plaintiff's fear of cancer since the plaintiff had previously waived his right to sue the defendant railroad in a prior lawsuit.

Damages

If you were injured while working for a railroad company, you may qualify to file a suit under the Federal Employers' Liability Act. Through this avenue, you can seek damages for your injuries, which could include the cost of medical bills and the pain and suffering you have endured as a result your injury. However, this process is complex and you should seek the advice of a lawyer who handles train accidents to better understand your options.

railroad class action lawsuit in a railroad lawsuit is to prove that the defendant had a duty to the plaintiff of care. The plaintiff must then prove that the defendant breached this duty by failing to protect the person injured from injury. In addition, the plaintiff must show that the breach was a direct cause of their injuries.


For example an employee of a railroad who was diagnosed with cancer due to their job on the railroad must prove that their employer did not adequately warn them of the dangers of their job. They must also prove that the negligence led to their cancer.

In one case, we defended a railroad company against a suit brought by an employee who claimed that his cancer was caused by exposure to diesel and asbestos. We argued that plaintiff's lawsuit was barred by time because the plaintiff had signed a consent form in a previous suit against the defendant.

Homepage: https://sites.google.com/view/railroadcancersettlements