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Rail workers who suffer from occupational illnesses like cancer can make a claim in accordance with the Federal Employers' Liability Act. It isn't easy to prove a disease is linked to work.

For example workers may have signed an agreement to release himself when he settled an asbestos lawsuit and then sued later for cancer that may have resulted from those exposures.

Statute of Limitations under the FELA

In many workers' compensation cases the clock starts clocking on a claim the moment an injury is declared. However, FELA laws allow railroad employees to bring a lawsuit in the event of the development of lung disease or cancer, even years after the fact. This is why it is so important to get a FELA injury or illness report as quickly as possible.

Sadly, the railroad will attempt to dismiss a case saying that the employee was not acting within the timeframe of three years of limitations. Courts often rely on two Supreme Court cases to determine when the FELA clock begins.

First, they will consider whether the railroad worker is aware that his or her ailments are a result of their work. If the railroad employee goes to a doctor and the doctor affirms in a conclusive manner that the injuries are due to work then the claim isn't time barred.

The other aspect is the time before the railroad employee began to notice symptoms. If lung cancer mesothelioma lawsuit has been suffering from breathing problems for a long time and attributes the problem to their railroad work It is likely that the railroad worker is within the time limit. If you have concerns about your FELA claim, you should 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. Contrary to most other workers who are governed to worker's compensation systems that have fixed benefits, railroad employees are able to sue their employers for the full amount of their injuries.

Our lawyers recently obtained a verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, COPD and Emphysema from their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the cancer of the plaintiffs wasn't linked to their job at the railroad and the lawsuit was dismissed due to the fact that it had been three years since they discovered their health problems were linked to their work at the railroad. Our Doran & Murphy attorneys were able show that the railroad had not provided its employees with information about the dangers of diesel exhaust and asbestos when they were working, and did not have any security measures to shield their employees from hazardous chemicals.

It is advisable to hire a lawyer with experience immediately, even though a worker could have up to three years to make an FELA suit from the date they were diagnosed. The earlier our lawyer begins collecting witness statements, records and other evidence more likely it is that an effective claim can be filed.

Causation

In a personal injuries lawsuit plaintiffs must prove that the defendant's actions are at fault for their injuries. This is known as legal causation. It is vital that an attorney has a thorough examination of a claim before filing in court.

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

One of our FELA cases is an ex-conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease after many years in train cabs without any protection. Additionally, he developed back problems that were painful due to his work in lifting, pushing and pulling. His doctor advised him that these problems were caused by years of exposure diesel fumes. He claims that this has aggravated the other health issues.

Our lawyers were able to secure favorable court rulings on trial as well as a small 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 affected his physical and mental health since he was worried that he would get cancer. The USSC ruled that the railroad defendant was not at fault for the plaintiff's fears of cancer since the plaintiff had previously renounced his right sue the defendant railroad in a prior lawsuit.

Damages

If you've been injured when working on the railroad, you could be able to pursue a lawsuit under the Federal Employers' Liability Act. You could be awarded compensation for your injuries by this route, including the payment of medical bills and pain and suffering. This process is complex, and you should consult an attorney for train accidents to fully understand your options.

In a railroad case the first step is to demonstrate that the defendant had an obligation of good-faith to the plaintiff. The plaintiff must demonstrate that the defendant breached the duty of care by failing to protect them from injury. Finally, the plaintiff has to prove that the breach was the direct cause of their injuries.

For instance railway workers who develops cancer as a result of their work at the railroad has to prove that their employer failed to properly warn them of the risks associated with their job. They also must demonstrate that their cancer was directly caused by the negligence of their employer.

In one instance a railroad company was sued by a former worker who claimed his cancer was caused through exposure to diesel and asbestos. We argued that the plaintiff's action was barred due to the fact that he had signed an earlier release in another suit against the same defendant.

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