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Rail workers who suffer from occupational illnesses like cancer can bring a lawsuit in line with the Federal Employers' Liability Act. It isn't always easy to prove that a condition is connected to work.

For example workers may have signed an agreement to release himself when he settled an asbestos claim and then sued for cancer that allegedly resulted from those exposures.

FELA Statute of Limitations

In a lot of workers' compensation cases, the clock begins to tick on claims when an injury is identified. However, FELA laws allow railroad employees to file a lawsuit for the development of lung disease and cancer long after the fact. This is why it is crucial to file a FELA injury or illness report as soon as you can.

Unfortunately, railroads will attempt to dismiss a case by asserting that the employee's actions were not within the three-year period of limitations. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.

They first have to determine if the railroad employee had any reason to believe that the symptoms were connected to their job. If the railroad employee goes to a doctor, and the doctor concludes that the injuries are due to work then the claim isn't time barred.

Another aspect to consider is the time from the time the railroad employee first began to notice symptoms. If the employee has been suffering from breathing problems for a while and attributes the problem to their working on rails it is likely that the railroad worker is within the time limit. If you have questions about your FELA claim, please set up a a free consultation with our lawyers.

Employers' Negligence

FELA gives railroad workers legal grounds to hold negligent employers accountable. Railroad employees are able to sue their employers in full for injuries suffered in contrast to other workers, who are subject to worker's compensation plans with fixed benefits.

Our attorneys obtained an award recently in a FELA case brought by retired Long Island Railroad machinists. They developed 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 that the cancer of the plaintiffs wasn't related to their jobs on the railroad. They also claimed that the lawsuit was not allowed because it had been over three years since the plaintiffs discovered their health issues were linked to their railroad jobs. Our Doran & Murphy attorneys were successful in proving that the railroad never made its employees aware of the dangers of asbestos and diesel exhaust while they were at work and did not have safety protocols to protect its workers from harmful chemicals.

Although a worker has up to three years from the date of diagnosis to start a FELA lawsuit, it is always better to hire an experienced lawyer as soon as it is possible. The earlier our lawyer begins collecting witness statements, evidence and other evidence the better chance is of the success of a claim.

Causation

In a personal injury lawsuit the plaintiffs must prove that the defendant's actions were at fault for their injuries. This is referred to as legal causation. It is crucial that an attorney has a thorough examination of any claim before submitting it to the court.

Diesel exhaust is the only source that exposes railroad workers to hundreds of chemicals, including carcinogens, pollution and other pollutants. These microscopic particulates penetrate deep into lung tissue, causing inflammation and damage. Over time, these damages build up and cause debilitating conditions such as chronic asthma and COPD.


One of our FELA cases involves a former conductor who developed debilitating asthma and chronic obstructive respiratory disease following many years in the cabs of trains without any protection. In addition, he developed back problems that were painful due to his work in pulling, pushing and lifting. His doctor told him these issues were the result of decades of exposure to diesel fumes. He believes this caused the onset of all of his other health issues.

Our lawyers were able to retain favorable court rulings in trial as well as a modest federal juror award for our client. class action lawsuit against norfolk southern railroad alleged that the train derailment and the subsequent release of vinyl chloride from the rail yard affected his physical health and his emotional state, since he was concerned that he would get cancer. However, the USSC determined that the railroad in question could not be the cause of his fear of developing cancer because he previously released his ability to pursue such a claim in a previous lawsuit.

Damages

If you've suffered an injury while working on railways, you could be eligible to make a claim under the Federal Employers' Liability Act. Through this avenue, you can seek damages for your injuries, which could include the amount you paid for medical bills and the pain and suffering you have suffered as a result of your injury. However this process can be complicated and you should consult a train accident lawyer to understand your options.

The first step in a railroad lawsuit is to show that the defendant owed the plaintiff a duty of care. The plaintiff must demonstrate that the defendant violated the duty of care by failing to protect them from injury. The plaintiff must also show that the breach was a direct cause of their injury.

A railroad worker who contracts cancer due to their job must prove that the employer failed properly to warn them of the risks they face. They must also prove that the negligence led to their cancer.

In one case, a railroad company was accused of wrongful conduct by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. We argued that the plaintiff's claim was not time-barred because the plaintiff had signed a waiver in a prior lawsuit against the defendant.

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