Notes

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Rail workers suffering from occupational illnesses like cancer may sue in accordance with the Federal Employers' Liability Act. It isn't always easy to prove that a disease is related to work.

A worker, for instance could have signed a release following settling an asbestos claim. He then sued later for cancer he claimed was resulted from exposure to asbestos.

Statute of Limitations under the FELA

In many workers' compensation cases, the clock begins to run on the claim the moment an injury is documented. FELA laws permit railroad workers to file a lawsuit for lung disease or cancer years after it has happened. It is imperative to file an FELA report as shortly after an injury or illness as you can.

Unfortunately, railroads will attempt to dismiss a case by the argument that an employee did not act within the three-year period of limitations. Courts often rely on two Supreme Court cases to determine when the FELA clock starts.

They first have to determine if the railroad employee had any reason to believe that his or her symptoms were related to their job. If the railroad worker goes to a doctor and the doctor affirms in a conclusive manner that the injuries are work-related the claim isn't time barred.

Another aspect to consider is the the time since the railroad employee began to notice signs. If he or she is experiencing breathing difficulties for a while and attributes the problems to working on rails it is most likely that the railroad employee is within the statute of limitations. If you have questions regarding your FELA claim, you can schedule a an appointment for a free consultation with one of our lawyers.

Employers' Negligence

FELA provides a legal framework for railroad workers to hold negligent employers accountable. Contrary to most other workers who are bound by the system of worker's compensation that has fixed benefits, railroad employees can sue their employers for the full amount of their injuries.

Our attorneys secured a verdict recently in a FELA case filed by retired Long Island Railroad machinists. They were diagnosed with COPD, chronic bronchitis, and emphysema due to their asbestos exposure when working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the cancer of the plaintiffs wasn't related to their jobs on the railroad and that the lawsuit was barred since it had been more than three years since they discovered their health issues were linked to their railroad work. Our Doran & Murphy attorneys were capable of proving that the railroad did not provided its employees with information about the dangers of asbestos and diesel exhaust while they were working and had no security measures to shield their employees from the dangers of hazardous chemicals.

It is better to hire an experienced lawyer as soon as you can even though a worker may have up to three years to submit an FELA suit from the date they were diagnosed. The sooner our attorney begins gathering witness statements, evidence and other evidence more likely a successful claim will be filed.

railroad lawsuit

In a personal injury action, plaintiffs have to prove that the defendant's actions are accountable for their injuries. This requirement is known as legal causation. This is why it's important that an attorney thoroughly analyze a claim prior filing it in the court.

Diesel exhaust is the only source that exposes railroad workers to hundreds of chemicals including carcinogens, pollutants, and other pollutants. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. Over time, the damages are accumulated and can cause debilitating conditions such as chronic asthma and COPD.

One of our FELA case involves an ex-train conductor who developed chronic obstructive pulmonary ailments and asthma after a long period of time in cabins with no protection. Also, he developed back issues because of his constant pushing and lifting. His doctor advised him that these problems were a result of years of exposure diesel fumes. He claims that this has aggravated the other health issues.


Our lawyers successfully defended favorable court rulings in trial and a minimal federal jury verdict for our client in this case. The plaintiff argued that the derailment of the train and the subsequent release of vinyl chloride into the rail yard affected both his physical and psychological condition, as he feared he would get cancer. The USSC ruled that the defendant railroad was not at fault for the plaintiff's fears of cancer because the plaintiff had previously renounced his right to sue the defendant railroad in a prior lawsuit.

Damages

If you've suffered an injury while working on an railroad, you could be eligible to bring a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries via this avenue, including reimbursement for medical expenses and pain and suffering. This process is complicated, and you should consult with a lawyer for train accidents to understand your options.

In a case involving railroads, the first step is to establish that the defendant was bound by a duty of good faith to the plaintiff. The plaintiff has to show that the defendant violated this duty by failing to safeguard the person injured from harm. Finally, the plaintiff must demonstrate that this breach was the direct reason for their injury.

For instance a railroad worker who contracted cancer as a result of their work at the railroad has to prove that their employer did not adequately warn them about the risks associated with their job. They also must prove that their cancer was directly caused by the negligence of their employer.

In one instance we defended a railroad corporation against a lawsuit filed by a former employee who claimed that his cancer was caused by exposure to asbestos and diesel. The plaintiff's lawsuit was time-barred, because the plaintiff had signed a release in a prior suit against the defendant.

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