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Railroad employees who suffer from occupational diseases like cancer can file a lawsuit under the Federal Employers' Liability Act. It can be difficult to prove that a disease is linked to work.

A worker, for instance could have signed a release following settling an asbestos claim. Then, he could sue later for a cancer that was believed to have been caused by the exposures.

FELA Statute of Limitations

In many workers' compensation cases the clock begins to run on a claim from the moment an injury is declared. FELA laws permit railroad workers to sue for lung diseases or cancer years after the fact. It is essential to make a FELA report as early after an injury or illness as you can.

Unfortunately, railroads will often try to get a case dismissed by arguing that the employee failed to act within the three-year time limit. To determine when the FELA "clock" starts courts usually look to two Supreme Court decisions.


They will first consider whether the railroad employee had reason to believe that his or her symptoms were connected to their job. If the railroad employee visits to a doctor, and the physician conclusively states that the injuries are due to work the claim isn't time barred.

A second factor to consider is the amount of time since the railroad worker began to notice signs. If the railroad employee has been suffering from breathing issues for a number of years and attributes the problem to work on rails, then the statute of limitations will likely to apply. If you are concerned about your FELA claim, you can schedule a a free consultation with our lawyers.

Employers' Negligence

FELA provides railroad workers with legal grounds to hold negligent employers accountable. Railroad employees are able to sue their employers in full for their injuries unlike many other workers who are bound to worker's compensation schemes that have fixed benefits.

Our lawyers won an award in a recent FELA case filed by retired Long Island Railroad machinists. They suffered from COPD, chronic bronchitis, and emphysema due to their asbestos exposure while working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the cancer of the plaintiffs was not linked to their jobs at the railroad and the lawsuit was not allowed because it was more than three years since the plaintiffs discovered that their health issues were related 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 asbestos and diesel exhaust when they were working, and did not have any safety protocols to protect its employees from hazardous chemicals.

It is best to engage a lawyer with experience when you can even though a worker could have up to three years to submit a FELA suit starting from the day they were diagnosed. The sooner our attorney starts collecting witness statements, records, and other evidence, then the better chance there is of winning the case.

Causation

In a personal injury lawsuit plaintiffs must prove that a defendant's actions caused their injuries. This is known as legal causation. This is why it's crucial that an attorney analyze a claim prior filing it in the court.

Railroad workers are exposed to a myriad of chemicals, including carcinogens as well as other pollutants, from diesel exhaust by itself. The microscopic particles penetrate deeply into the lung tissue, causing inflammation as well as damage. Over time, these damage build up and cause debilitating conditions like chronic asthma and COPD.

One of our FELA cases involves a former train conductor who developed chronic obstructive respiratory ailments and asthma after spending years in cabins, with no protection. He also had back issues due to his long hours of pushing and lifting. His doctor informed him that these problems were the result of decades of exposure to diesel fumes. He believes this caused the onset of the other health issues.

Our attorneys were able to retain favorable court rulings in trial as well as a minimal federal juror award for our client. The plaintiff claimed that the derailment of the train and the subsequent release of vinyl chloride into the rail yard affected his physical and mental health, as he feared it would cause cancer. However acute myeloid leukemia lawsuit declared that the railroad in question was not responsible for the worry that he had about getting cancer because he'd previously released his ability to pursue such a claim in a prior lawsuit.

Damages

If you have suffered an injury while working on a railroad, you may be eligible to bring a lawsuit under the Federal Employers' Liability Act. By filing a lawsuit, you could be able to claim damages for your injuries, including the cost of medical bills and the pain and suffering you have endured as a result your injury. However this process is not easy and you should talk to a lawyer who handles train accidents to learn more about your options.

In a railroad dispute, the first step is to prove the defendant had an obligation of good faith to the plaintiff. The plaintiff has to show that the defendant violated this duty by failing to protect the injured person from injury. In addition, the plaintiff must demonstrate that this breach was the primary cause of their injury.

A railroad worker who develops cancer due to their job must prove that the employer failed properly to warn them about the dangers they are exposed to. They must also prove that their negligence led to their cancer.

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

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