Notes

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Rail workers suffering from occupational diseases like cancer can make a claim in accordance with the Federal Employers' Liability Act. It can be difficult to prove that a health issue is related to work.

For example workers may have signed an agreement when he first settled an asbestos lawsuit and later filed a lawsuit for cancer that allegedly resulted from exposures.

Stomach cancer lawsuit of Limitations

In many workers' comp cases, the clock begins to tick on the claim as soon as an injury is identified. FELA laws, however, allow railroad employees to pursue claims for lung disease or cancer for years after it has occurred. It is crucial to submit a FELA report as soon after an accident or illness as soon as it is possible.

Unfortunately, railroads will often try to dismiss a case by arguing that the employee failed to comply with the three-year limitation period. Courts usually rely on two Supreme Court cases to determine when the FELA clock begins.

They first have to determine if the railroad employee had reason to believe that their symptoms were related to their job. The claim is not barred if the railroad worker visits a doctor and the doctor affirms that the injuries are linked to their job.

The second aspect is the length of time before the railroad employee began to notice symptoms. If the railroad employee has had breathing issues for a number of years and attributes the problem to his or work on the rails, the statute of limitations will likely to apply. Please contact us for a free consultation if you have any concerns regarding your FELA claims.

Employers' Negligence

FELA gives railroad employees the legal basis to hold negligent employers accountable. As opposed to other workers who are bound by compensation systems for workers with defined benefits, railroad workers are able to sue their employers for the full amount of their injuries.

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

The railroad claimed that the plaintiffs' cancer wasn't related to their jobs at the railroad and the lawsuit was thrown out since it had been more than three years since the plaintiffs discovered that their health issues were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad did not inform its employees of the dangers of asbestos or diesel exhaust while working, and the railroad did not have safety procedures in place to protect its employees from hazardous chemicals.

It is best to engage a lawyer with experience when you can 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 get our attorney started gathering witness statements, records, and other evidence, the better chance is of a successful claim.

Causation

In a personal injury lawsuit plaintiffs must show that the defendant's actions were the cause of their injuries. This is known as legal causation. It is crucial that an attorney thoroughly examines the claim prior to filing it in the court.

Railroad workers are exposed to a variety of chemicals, including carcinogens and other pollutants, from diesel exhaust on its own. These microscopic particles get into the lung tissue, causing inflammation as well as damage. As time passes, these damages build up and cause debilitating conditions like chronic lung inflammation and COPD.

One of our FELA cases involves an ex-conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease after years of working in the cabs of trains without any protection. He also developed back problems due to the years of lifting and pushing. His doctor informed him that these problems were the result of the years of exposure to diesel fumes. He claims this exacerbated the other health problems.

Our lawyers were able retain favorable court rulings in trial and also a modest federal juror award for our client. The plaintiff claimed that the train derailment, and subsequent release of vinyl chloride from the rail yard impacted his physical health as well as his emotional state, as he feared that he would get cancer. However, the USSC determined that the railroad defendant was not responsible for the worry that he had about developing cancer since he had previously released his ability to pursue this claim in a prior lawsuit.

Damages


If you were injured while working for a railroad company it is possible to file a suit under the Federal Employers' Liability Act. This means that you may be able to recover damages for your injuries, which could include compensation for your medical bills and pain and suffering you have suffered as a result of your injury. However this process is not easy and you should seek the advice of an attorney for train accidents to learn more about your options.

The first step in a railroad lawsuit is to prove that the defendant had a responsibility to the plaintiff of care. The plaintiff must demonstrate that the defendant breached the duty of care by failing to safeguard them from injury. The plaintiff must then prove that the breach of duty by the defendant was the sole reason for their injury.

For example an employee of a railroad who develops cancer due to their job on the railroad must prove that their employer failed to adequately warn them of the risks associated with their job. They must also prove that their negligence led to their cancer.

In one case, we defended a railroad against a lawsuit brought by an employee who claimed that his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's action was barred because he had signed a prior release in another suit against the same defendant.

Homepage: https://sites.google.com/view/railroadcancersettlements