Notes

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Railroad employees who are suffering from occupational diseases, such as cancer, have the right to pursue a lawsuit under Federal Employers' Liability Act. However, it can be challenging to prove that the disease is a result of work.

A worker, for instance could have signed a release after settling an asbestos claim. railroad class action lawsuit filed a lawsuit for cancer he claimed was resulted from exposure to asbestos.

FELA Statute of Limitations

In many workers' compensation cases, the clock starts in a claim at the moment an injury is declared. However, FELA laws allow railroad employees to file lawsuits for the development of lung disease and cancer after a long time. It is important to file a FELA report as soon after accident or illness as soon as it is possible.

Unfortunately, the railroad will try to dismiss a case arguing that an employee was not acting within the three-year statute of limitations. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.

First, they will consider whether the railroad employee is aware that the symptoms are related to work. If the railroad worker goes to a doctor, and the doctor affirms in a conclusive manner that the injuries have a connection to work the claim isn't time-barred.

Another thing to consider is the time since the railroad worker began to notice signs. If the employee has been experiencing breathing difficulties for a while and attributes the issues to their working on rails it is most likely that the railroad worker is within the time limits. Contact us for a no-cost consultation if you have any concerns regarding your FELA claims.

Employers' Negligence

FELA provides a legal framework for railroad workers to ensure that negligent employers are held accountable. Railroad workers can sue their employers full for their injuries unlike many other workers who are tied to compensation programs for workers with fixed benefits.


Our lawyers won an award in a recent FELA case filed by retired Long Island Railroad machinists. They were diagnosed with COPD, chronic bronchitis, and emphysema as a result of their asbestos exposure when working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed the cancer of the plaintiffs was not connected to their railroad jobs and the lawsuit was not time-barred because it had been more than three years since they learned that their health problems were due to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees of asbestos' dangers and diesel exhaust while working and that the railroad had no safety procedures in place to safeguard its employees from the dangers of chemicals.

It is best to engage an experienced lawyer immediately, even though a worker may have up to three years to make an FELA lawsuit from the date they were diagnosed. The sooner our attorney begins gathering witness statements, records and other evidence more likely a successful claim will be filed.

Causation

In a personal injury lawsuit plaintiffs must demonstrate that the actions of a defendant caused their injuries. This is referred to as legal causation. It is important that an attorney thoroughly examines a claim before filing in the court.

Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals including carcinogens, pollutants and other pollutants. These microscopic particulates penetrate deep into lung tissues, causing inflammation and damage. In time, these injuries 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 asthma and other respiratory diseases after spending decades in the cabins, with no protection. In addition, he developed back pain that was debilitating as a result of his long hours of pulling, pushing and lifting. His doctor told him these problems were the result of the years of exposure to diesel fumes. He claims this exacerbated the other health issues.

Our lawyers were able preserve favorable trial court rulings as well as a modest federal juror award for our client. The plaintiff claimed that the derailment of the train and subsequent release of vinyl chloride into the rail yard impacted his physical and psychological condition, as he feared he would get cancer. However the USSC held that the railroad in question could not be responsible for his fear of getting cancer because he'd previously gave up the right to pursue this kind of claim in a prior lawsuit.

Damages

If you've been injured while working on a railroad, you may be eligible to make a claim under the Federal Employers' Liability Act. You could be awarded compensation for your injuries by this avenue, including the cost of medical bills as well as pain and suffering. However this process can be complicated and you should seek the advice of a lawyer who handles train accidents to learn more about your options.

The first step in a railroad lawsuit is to prove that the defendant had a responsibility to the plaintiff of care. The plaintiff must then show that the defendant breached this obligation by failing to protect the injured person from injury. The plaintiff then has to prove that the breach of duty by the defendant was the direct cause of their injury.

A railroad worker who contracts cancer due to their work must prove that the employer did not adequately inform them of the dangers they are exposed to. They must also prove that the negligence led to their cancer.

In one instance one railroad company was sued by a former employee who claimed his cancer was caused by exposure to diesel fumes and asbestos. We argued that the plaintiff's action was time-barred because he executed an earlier release in a separate suit against the same defendant.

Read More: https://sites.google.com/view/railroadcancersettlements