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Rail workers suffering from occupational diseases such as cancer can file a lawsuit in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the condition is work-related.

A worker, for instance might have signed a waiver after having settled an asbestos claim. Then, he sued for cancer he claimed was caused by the exposures.

FELA Statute of Limitations

In many workers' compensation cases the clock starts to run on a claim from the moment an injury is reported. FELA laws, however, allow railroad workers to pursue claims for lung disease or cancer long after it has happened. This is why it's vital to obtain a FELA injury or illness report as quickly as possible.


Unfortunately, the railroad will often attempt to get a case dismissed by arguing that the employee failed to act within the three year statute of limitations. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.

They must first determine if the railroad employee had a reason to believe that their symptoms were related to their job. The claim can be ruled out when the railroad employee consults a doctor, and the doctor is able to prove that the injuries are due to their work.

The second factor is the amount of time before the railroad employee became aware of the symptoms. If the employee has been experiencing breathing issues for a while and attributes the issues to the work on the rails It is likely that the railroad employee is within the time limit. Please contact us for a free consultation should you have any questions regarding your FELA claims.

Employers' Negligence

FELA establishes an legal foundation for railroad employees to ensure that negligent employers are held accountable. Railroad workers can sue their employers in full for their injuries, unlike most other workers who are confined to worker's compensation schemes that have fixed benefits.

Our attorneys recently secured a verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, chronic bronchitis as well as Emphysema due to their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.

Bladder cancer lawsuit claimed the cancer of the plaintiffs was not related to their railroad work and that the lawsuit was barred since it was three years since they found out that their health issues were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees of the dangers of asbestos and diesel exhaust while at work, and that the railroad didn't have safety procedures in place to safeguard its employees from the dangers of chemicals.

It is best to engage an experienced lawyer when you can, even though a worker may have up to three years to start an FELA suit starting from the day they were diagnosed. The sooner your lawyer starts collecting witness statements, documents, and other evidence, then the better chance there is of winning the case.

Causation

In a personal injury action plaintiffs must demonstrate that the actions of a defendant led to their injuries. This is referred to as legal causation. It is important that an attorney examines claims prior to filing in court.

Railroad workers are exposed chemicals, including carcinogens and other harmful substances, through diesel exhaust alone. These microscopic particulates penetrate deep into lung tissue, causing inflammation as well as damage. As Bladder cancer lawsuit , these damages accumulate and result in debilitating conditions like chronic asthma and COPD.

One of our FELA cases involves a former conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease after years of working in the cabs of trains without any protection. Additionally, he developed debilitating back problems due to his years of pulling, pushing and lifting. His doctor informed him that these problems were a result of years of exposure diesel fumes. He claims that this led to the aggravation of all of his health issues.

Our attorneys were able to retain favorable court rulings in trial as well as a small 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 condition as well as his emotional state, as he worried that he might develop cancer. The USSC decided that the railroad defendant was not to blame for the plaintiff's fear of cancer because the plaintiff had previously renounced his right to sue the railroad defendant in a prior lawsuit.

Damages

If you've been injured while working for railways, you could be able to pursue a lawsuit under the Federal Employers' Liability Act. By filing a lawsuit, you can seek damages for your injuries, which could include compensation for your medical bills and the pain and suffering you have endured as a result your injury. The process is a bit complicated and you should speak with a train accident lawyer to fully understand your options.

The first step in a railroad lawsuit is to show that the defendant was liable to the plaintiff under a duty of care. The plaintiff must then show that the defendant breached this obligation by failing in protecting the person injured from injury. The plaintiff must also show that the breach was the primary cause of their injuries.

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 properly warn them of the dangers that they face in their work. They also must prove that their cancer was directly caused by the negligence of their employer.

In one case, we defended a railroad company against a lawsuit filed 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 barred by time because the plaintiff had signed a waiver in a prior lawsuit against the defendant.

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