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Rail workers who suffer from occupational illnesses such as cancer can sue in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the condition is caused by work.

A worker, for instance, may have signed a release following settling an asbestos claim. He later filed a lawsuit for a cancer that was believed to have been 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 declared. However, FELA laws allow railroad employees to file lawsuits for the development of lung disease and cancer long after the fact. It is crucial to file a FELA report as early after an injury or illness as is possible.

Unfortunately, the railroad will often attempt to dismiss a case by arguing that the employee did not act within the three year time frame. Courts often 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 that the symptoms are a result of their work. The claim is not barred when the railroad employee consults a doctor, and the doctor concludes that the injuries are due to their job.

Interstitial lung disease lawsuit to consider is the duration of time that has passed since 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 her work on rails, then the statute of limitation will likely to apply. If you have concerns about your FELA claim, please schedule an appointment for a no-cost consultation with our lawyers.

Employers' Negligence

FELA sets out the legal basis for railroad employees to make employers accountable for their actions. Unlike most other workers, who are governed by compensation systems for workers with pre-determined benefits, railroad workers are able to sue their employers for the full amount of their injuries.

Our lawyers won a verdict recently in a FELA case brought 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 $16,400,000 in damages.


The railroad claimed that the cancer of the plaintiffs wasn't related to their jobs at the railroad and the lawsuit was not allowed because it had been over three years since the plaintiffs discovered their health issues were linked to their work at the railroad. Our Doran & Murphy attorneys were capable of proving that the railroad had not made its employees aware of the dangers of diesel exhaust and asbestos when they were working, and did not have any security measures to shield their employees from the dangers of hazardous chemicals.

While a worker can have three years from the date of their diagnosis to file a FELA lawsuit It is always best to seek out a skilled lawyer as soon as is possible. The sooner our attorney begins gathering witness statements, evidence and other evidence more likely a successful claim will be made.

Causation

In a personal injuries lawsuit plaintiffs must prove that the defendant's actions were at fault for their injuries. This is known as legal causation. It is crucial that an attorney thoroughly examines a claim before filing in the 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 penetrate deep into the lung tissue, causing inflammation and damage. Over time, these damages are accumulated and can cause debilitating conditions such as chronic asthma and COPD.

One of our FELA cases is an ex-conductor who was diagnosed with severe asthma and chronic obstructive lung disease after decades spent in the cabs of trains without protection. He also experienced back pain due to his years of pushing and lifting. His doctor told him these problems were the result of years of exposure diesel fumes. He claims that this led to the aggravation of all of his health issues.

Our lawyers successfully defended favorable court rulings on trial as well as a small federal jury award for our client in this case. The plaintiff argued that the derailment of the train and subsequent release vinyl chloride into the rail yard affected both his physical and emotional state, as he feared it would cause cancer. The USSC decided that the defendant railroad was not to blame for the plaintiff's anxiety about cancer since the plaintiff had previously waived his right to sue the defendant railroad in a prior lawsuit.

Damages

If you've suffered an injury while working for a railroad company and you were injured, you could be eligible to file a claim under the Federal Employers' Liability Act. You could be awarded damages for your injuries via this process, including the payment of medical bills and pain and suffering. This is a complicated process, and you should consult with a train accident lawyer to know your options.

The first step in a railroad lawsuit is to establish that the defendant was liable to the plaintiff under a duty of care. The plaintiff then has to prove that the defendant breached this duty by failing to protect the injured person from harm. The plaintiff should then demonstrate that the defendant's breach of duty was a direct reason for their injury.

For instance, a railroad worker who was diagnosed with cancer due to their work at the railroad has to prove that their employer did not adequately warn them about the dangers of their job. They must also prove that their cancer was directly caused by this negligence.

In one instance a railroad company was brought before a former employee who claimed his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's action was barred due to the fact that he had signed a prior release in another lawsuit against the same defendant.

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