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Railroad employees who suffer from occupational diseases, such as cancer, have the right to make a claim under the Federal Employers' Liability Act. However it can be difficult to prove that the illness is work-related.

For instance an employee may have signed an agreement when he first settled an asbestos-related claim and later filed a lawsuit for cancer allegedly resulting from those exposures.

Statute of Limitations under the FELA

In many workers' compensation cases, the clock starts to run on a claim from the moment an injury is documented. FELA laws, however, allow railroad employees to sue for lung diseases or cancer long after it has happened. This is why it's vital to obtain a FELA injury or illness report as quickly as possible.

Unfortunately, the railroad will try to dismiss a case by saying that the employee did not act within the timeframe of three years of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock starts.

First, they will consider whether the railroad worker has a reason to believe the symptoms are related to work. If the railroad employee visits to a doctor, and the doctor affirms in a conclusive manner that the injuries have a connection to work the claim is not time-barred.

The second aspect is the time since the railroad employee first noticed the symptoms. If he or she is experiencing breathing difficulties for a long time and attributes the issue to his or her railroad work it is likely that the employee is within the time limit. If you are concerned about your FELA claim, please schedule an appointment with one of our lawyers.

Employers' Negligence

FELA lays out the legal basis for railroad workers to bring employers who are negligent to account. 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 schemes that have fixed benefits.


Our attorneys obtained an award recently in a FELA case filed by retired Long Island Railroad machinists. They developed COPD, chronic bronchitis, and emphysema as a result of their exposure to asbestos while working on locomotives. Bladder cancer lawsuit awarded them damages of $16,400,000.

The railroad claimed that the cancer of the plaintiffs was not connected to their railroad jobs and that the lawsuit was barred because it had been more than three years since they realized that their health problems were a result of their railroad work. Our Doran & Murphy attorneys were capable of proving that the railroad never made its employees aware of the dangers of asbestos and diesel exhaust while they were working and did not have any safety measures to protect their employees from hazardous chemicals.

It is better to hire a lawyer with experience immediately even though an employee may have up to three years to start a FELA suit from the time they were diagnosed. The sooner we can have our attorney begin collecting witness statements, documents and other evidence and documents, the more likely it is that the claim will be successful. filed.

Causation

In a personal injuries lawsuit, plaintiffs have to prove that the defendant's actions are the cause of their injuries. This is referred to as legal causation. This is the reason it's crucial that an attorney analyze a claim prior filing it in court.

Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals, including carcinogens pollution and other pollutants. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damages accumulate and result in debilitating conditions such as chronic asthma and COPD.

One of our FELA case involves an ex-train conductor who developed chronic obstructive respiratory illnesses and asthma after spending years in cabs without any protection. In addition, he developed back problems that were painful as a result of his years of lifting, pushing and pulling. His doctor told him that these problems were the result of his exposure to diesel fumes, which he claimed aggravated his health issues.

Our attorneys were able to preserve favorable court rulings in trial and a modest federal jury verdict for our client in this case. The plaintiff claimed that the derailment of the train and the subsequent release vinyl chloride into the rail yard impacted his physical and emotional condition and he was concerned that the possibility of developing cancer. The USSC ruled that the railroad defendant was not responsible for the plaintiff's fears of cancer since the plaintiff had already waived his rights to sue the defendant railroad in a previous lawsuit.

Damages

If you have suffered an injury while working for an railroad, you could be eligible to make a claim under the Federal Employers' Liability Act. You could be awarded damages for your injuries via this method, which could include the cost of medical bills as well as pain and suffering. This process is complicated, and you should consult with a train accident attorney to know your options.

The first step in a railroad lawsuit is to establish that the defendant had a duty to the plaintiff of care. The plaintiff must prove that the defendant breached this duty of care by failing to protect them from injury. Bladder cancer lawsuit must also show that the breach was a direct cause of their injuries.

For cancer lawsuit who develops cancer due to their work at the railroad has to prove that their employer did not adequately warn them of the dangers associated with their job. They must also prove that the negligence caused their cancer.

In one instance, we defended a railroad company against a lawsuit brought by an employee who claimed that his cancer was the result of exposure to diesel and asbestos. We were of the opinion that the plaintiff's lawsuit was barred due to the fact that he had signed an earlier release in a separate lawsuit against the same defendant.

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