Notes

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Railroad employees who are suffering from occupational illnesses such as cancer have the right to file a lawsuit under the Federal Employers' Liability Act. It can be difficult to prove that a health issue is related to work.

For instance, a worker could have signed a release after settling an asbestos claim. Then, he sued for cancer he claimed was resulted from exposure to asbestos.

Statute of Limitations under the FELA

In many workers' compensation cases the clock starts in a claim at the moment an injury is documented. FELA laws, however, allow railroad employees to pursue claims for lung disease or cancer years after it has occurred. This is why it is essential to file an FELA injury or illness report as soon as possible.

Unfortunately, railroads will try to dismiss a case by the argument that an employee's actions were not within the three-year time frame of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock will begin.

They will first consider whether the railroad employee had any reason to believe that their symptoms were connected to their job. If the railroad worker goes to a doctor and the doctor is able to prove that the injuries are due to work the claim is not time-barred.

A second factor to consider is the duration of time that has passed since the railroad worker began to notice signs. If he or she is experiencing breathing difficulties for a number of years and attributes the problems to their railroad work it is most likely that the railroad employee is within the time limit. Contact us for a no-cost consultation for any concerns regarding your FELA claims.

Employers' Negligence

FELA gives railroad workers the legal basis to hold negligent employers accountable. Railroad workers can sue their employers full for injuries suffered unlike other workers, who are subject to worker's compensation schemes that have 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 and Emphysema because of their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the plaintiffs' cancer wasn't linked to their job at the railroad and the lawsuit was dismissed because it was more than three years since they discovered their health issues were linked to their railroad jobs. Our Doran & Murphy attorneys were able show that the railroad had never provided its employees with information about the dangers of diesel exhaust and asbestos when they were working, and did not have any safety procedures to protect their employees from the dangers of hazardous chemicals.

It is better to hire a lawyer with experience immediately, even though a worker may have up to three years to start an FELA lawsuit from the date they were diagnosed. The sooner we can have our attorney begin gathering witness statements, records and other evidence the more likely it is that a successful claim can be made.

Causation

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

Railroad workers are exposed chemicals, including carcinogens as well as other pollutants, through diesel exhaust by itself. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. In time, these injuries can lead to debilitating illnesses such as chronic bronchitis or COPD.


Kidney cancer lawsuit of our FELA cases involves an ex-train conductor who was diagnosed with chronic obstructive pulmonary asthma and other respiratory diseases after spending years in cabs without any protection. In addition, he developed back problems that were painful due to his work in lifting, pushing and pulling. The doctor told him these back issues were the result of his exposure to diesel fumes which he believes aggravated his other health issues.

Our attorneys were able to preserve favorable court rulings in trial as well as a small federal jury award for our client in this case. The plaintiff alleged that the train derailment and the subsequent release of vinyl chloride from the rail yard impacted his physical health and also his emotional state, since he was concerned about developing cancer. However, the USSC held that the defendant railroad could not be the cause of his anxiety about getting cancer because he'd previously gave up the right to pursue this claim in a previous lawsuit.

Damages

If you've been injured while working for a railroad company, you may qualify to file a suit under the Federal Employers' Liability Act. You could receive damages for your injuries through this process, including reimbursement for medical expenses and pain and suffering. However the process is complicated and you should consult a train accident lawyer to understand your options.

The first step in a railroad lawsuit is to demonstrate that the defendant had a duty to the plaintiff of care. The plaintiff must prove that the defendant violated this duty of care by failing to safeguard them from harm. In addition, the plaintiff must show that the breach was the direct reason for their injury.

A railroad worker who develops cancer as a result of their work must prove that their employer did not adequately warn them about the dangers they face. They also must prove that their cancer was directly caused by this negligence.

In one case, we defended a railroad against a lawsuit filed by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. We were of the opinion that the plaintiff's lawsuit was barred by time because he signed an earlier release in a separate lawsuit against the same defendant.

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