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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. It isn't easy to prove that a condition is linked to work.

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

Statute of Limitations under the FELA

In many workers' compensation cases, the clock begins to tick on an injury the moment an injury is reported. FELA laws permit railroad workers to file a lawsuit for lung disease or cancer years after it has occurred. It is imperative to submit an FELA report as early after an injury or illness as possible.

Unfortunately, the railroad will attempt to dismiss a case arguing that an employee's actions were not within the three-year time frame of limitations. Leukemia lawsuit rely on two Supreme Court cases to determine when the FELA clock begins.

In the beginning, they will determine whether the railroad employee has a reason to believe his or her ailments are related to work. The claim can be ruled out if the railroad worker goes to a doctor and the doctor states conclusively that the injuries were due to their work.

A second factor to consider is the duration of the time since the railroad worker began to notice symptoms. If the employee has been experiencing breathing difficulties for a while and attributes the issues to working on rails it is most likely that the railroad employee is within the time limit. Please contact us for a no-cost consultation in case you have questions regarding your FELA claims.

Employers' Negligence

FELA provides a legal framework for railroad workers to make employers accountable for their actions. Railroad employees can sue their employers in full for injuries suffered unlike many other workers, who are subject to compensation programs for workers with fixed benefits.

Our lawyers recently obtained an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, COPD and Emphysema due to their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.

The railroad claimed the plaintiffs' cancer was not connected to their work at the railroad and the lawsuit was deemed to be time-barred because it had been more than three years since they found out that their health issues were related to their railroad work. Our Doran & Murphy attorneys were able show that the railroad never informed its employees about the dangers of diesel exhaust and asbestos when they were working, and did not have safety protocols to protect its employees from the dangers of hazardous chemicals.

It is best to engage an experienced lawyer when you can even though an employee could have up to three years to make a FELA suit starting from the day they were diagnosed. The earlier our lawyer begins gathering witness statements, records, and other evidence, then the better chance there is of winning the case.

Causation

In a personal injury action, plaintiffs have to prove that the defendant's actions were the cause of their injuries. This is referred to as legal causation. This is the reason it's important that an attorney take the time to review a claim prior to filing it in the court.

union pacific railroad lawsuit are exposed to a variety of chemicals, including carcinogens and other pollutants, through diesel exhaust alone. The microscopic particles penetrate deeply into lung tissues, causing inflammation and damage. As time passes, these damage can lead to debilitating conditions such as chronic bronchitis, or COPD.

One of our FELA cases involves a former train conductor who developed chronic obstructive respiratory diseases and asthma after spending years in cabs without any protection. Also, he developed back issues because of his constant lifting and pushing. His doctor told him these issues were the result of decades of exposure to diesel fumes. He claims this exacerbated the other health issues.


Our attorneys were able to preserve favorable trial court rulings as well as a small federal jury verdict for our client in this case. The plaintiff argued that the derailment of the train and the subsequent release vinyl chloride into the rail yard affected his physical and mental health because he was afraid the possibility of developing cancer. The USSC ruled that the railroad defendant did not have any responsibility for the plaintiff's fears of cancer since the plaintiff previously renounced his right sue the defendant railroad in a prior lawsuit.

Damages

If you've been injured while working for a railroad, you may qualify to file a claim under the Federal Employers' Liability Act. With this option, you can seek damages for your injuries, including the amount you paid for medical bills as well as the suffering and pain you've suffered as a result of your injury. However this process is not easy and you should speak with a train accident lawyer to learn more about your options.

The first step in a railroad lawsuit is to show that the defendant had a duty to the plaintiff of care. The plaintiff must then prove that the defendant violated this obligation by failing in protecting the injured person from harm. union pacific railroad lawsuit must then show that the defendant's breach of duty was the primary cause of their injuries.

For example a railroad worker who contracted cancer as a result of their job on the railroad must prove that their employer failed to properly warn them of the dangers associated with their job. union pacific railroad lawsuit must also prove that the negligence led to their cancer.

In one instance the railroad company was sued by a former employee who claimed his cancer was caused by exposure to diesel fumes and asbestos. We argued that plaintiff's lawsuit was not time-barred because the plaintiff had signed a waiver in a prior lawsuit against the defendant.

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