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Railroad employees who suffer from occupational illnesses such as cancer are entitled to pursue a lawsuit under Federal Employers' Liability Act. It isn't easy to prove that a condition is linked to work.

A worker, for instance, may have signed a release following settling an asbestos claim. He then sued later for cancer he claimed was caused by the exposures.

Statute of Limitations under the FELA

In a lot of workers' compensation cases, the clock begins to run on the claim the moment an injury is discovered. FELA laws permit railroad workers to file a lawsuit for lung disease or cancer for years after it has happened. This is why it is vital to obtain a FELA injury or illness report as quickly as you can.

Sadly, the railroad will try to dismiss a case asserting that the employee's actions were not within the timeframe of three years of limitations. To determine when the FELA "clock" starts courts usually look to two Supreme Court decisions.

They must first determine if the railroad employee had any reason to believe that the symptoms were connected to their job. If the railroad worker is referred to a doctor, and the doctor concludes that the injuries are work-related, the claim is not time-barred.


The second aspect is the amount of time before the railroad employee noticed the symptoms. If he or she is experiencing breathing difficulties for a number of years and attributes the issue to the working on rails it is likely that the railroad employee is within the time limit. Please contact us for a free consultation if you have any concerns about your FELA claims.

Employers' Negligence

FELA sets out a legal framework for railroad workers to make employers accountable for their actions. Unlike most other workers, who are bound by the system of worker's compensation that has set benefits, railroad employees can sue employers for the full value of their injuries.

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

The railroad claimed that the plaintiffs' cancer was not connected to their railroad jobs and that the lawsuit was barred because it had been more than three years since they discovered that their health issues were due to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad never informed its employees of asbestos' dangers and diesel exhaust while working and that the railroad didn't have safety procedures in place to shield its employees from hazardous chemicals.

Although a worker has up to three years from the date of diagnosis to start a FELA lawsuit It is always best to get a seasoned lawyer as soon as is possible. The earlier our lawyer begins collecting witness statements, records and other evidence then the greater chance is of the success of a claim.

Causation

In a personal injuries action the plaintiffs must prove that the defendant's actions are at fault for their injuries. This is referred to as legal causation. Kidney cancer lawsuit is important that an attorney carefully examines any claim before submitting it to the court.

Railroad workers are exposed to a myriad of chemicals, including carcinogens as well as other pollutants, from diesel exhaust by itself. These microscopic particles penetrate deep into lung tissue, causing inflammation and damage. As lung cancer lawsuit , these damage can cause debilitating conditions such as chronic bronchitis or COPD.

One of our FELA case involves a former train conductor who developed chronic obstructive lung ailments and asthma after spending a long time in cabs without any protection. Additionally, he was diagnosed with back pains that were debilitating due to his long hours of pulling, pushing and lifting. His doctor advised him that his back problems were a result of his exposure to diesel fumes, which he believes aggravated his other health issues.

Our attorneys were able to preserve favorable court rulings on trial and a modest federal jury award for our client in this case. The plaintiff argued that the derailment of the train and subsequent release vinyl chloride into the rail yard affected his physical and mental health, as he feared his cancer would strike him. The USSC ruled that the railroad defendant did not have any responsibility for the plaintiff's fears of cancer since the plaintiff previously waived his right to sue the railroad defendant in a prior lawsuit.

Damages

If you've suffered an injury while working for a railroad company and you were injured, you could be eligible to file a claim under the Federal Employers' Liability Act. You could be awarded damages for your injuries using this method, which could include the payment of medical bills and pain and suffering. However the process is complicated and you should speak with a lawyer who handles train accidents to learn more about your options.

In a railroad case, the first step is to establish that the defendant was bound by the duty of good faith to the plaintiff. The plaintiff must prove that the defendant violated this duty of care by failing to protect them from harm. The plaintiff must then show that the defendant's breach of duty was the direct cause of the injury.

For example an employee of a railroad who contracted cancer as a result of their working for the railroad has to prove that their employer did not adequately warn them about the dangers that they face in their work. They must also prove that their negligence caused their cancer.

In one case we defended a railroad company against a suit brought by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. Kidney cancer lawsuit was time-barred, because he had signed a release in a prior lawsuit against the defendant.

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