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Railroad workers who suffer from occupational diseases, such as cancer, have the right to pursue a lawsuit under Federal Employers' Liability Act. It isn't always easy to prove that a condition is linked to work.


A worker, for example might have signed a release after settling an asbestos claim. Then, he sued for cancer that was allegedly resulted from exposure to asbestos.

FELA Statute of Limitations

In many workers' compensation cases, the clock starts ticking 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 long after the fact. This is why it is essential to file a FELA injury or illness report as quickly as you can.

Sadly, railroads often try to dismiss a case by arguing that the employee did not act within the three year limitation period. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.

They must first determine if the railroad employee had any reason to believe that their symptoms were related to their job. The claim is not barred when the railroad employee consults a doctor, and the doctor affirms that the injuries are due to their work.

The other aspect is the length of time between the moment that the railroad worker first noticed symptoms. If the railroad employee has been suffering from breathing problems for several years and attributes the problem to his or her work on the rails, the statute of limitation is likely to be applicable. If you are concerned regarding your FELA claim, you should schedule an appointment for a free consultation with one of 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 the system of worker's compensation that has fixed benefits, railroad employees are able to sue their employers for the full value of their injuries.

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

The railroad claimed the plaintiffs' cancer was not connected to their railroad jobs and the lawsuit was deemed to be time-barred due to the fact that it was more than three years since they learned that their health issues were related to their railroad work. Our Doran & Murphy attorneys were able show that the railroad had never made its employees aware of the dangers of diesel exhaust and asbestos while they were at work and had no safety measures to protect their employees from hazardous chemicals.

It is better to hire a lawyer with experience when you can even though a person could have up to three years to file a FELA suit starting from the day they were diagnosed. The sooner your lawyer starts collecting witness statements, records, and other evidence, then the better chance there is of an effective claim.

Causation

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

Railroad workers are exposed chemicals, including carcinogens as well as other pollutants, from diesel exhaust by itself. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. As time passes, these damages build up and cause debilitating conditions such as chronic bronchitis and COPD.

One of our FELA case involves an ex-train conductor who developed chronic obstructive respiratory diseases and asthma after a long period of time in cabins with no protection. In addition, he developed debilitating back problems due to the years of pulling, pushing and lifting. His doctor informed him that these problems were caused by years of exposure diesel fumes. He claims that this led to the aggravation of the other health issues.

Our lawyers were able to retain favorable court rulings in trial and also a modest federal juror award for our client. The plaintiff argued that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected both his physical and psychological condition, as he feared it would cause cancer. However, the USSC determined that the railroad defendant was not the sole cause of the fear of developing cancer because he had previously waived the right to bring such a claim in a previous lawsuit.

Damages

If you've suffered an injury when working on an railroad, you could be able to pursue a lawsuit under the Federal Employers' Liability Act. This means that you could recover damages for your injuries, which could include reimbursement for medical expenses as well as for the suffering and pain you've endured as a result your injury. The process is a bit complicated and you should speak with a train accident attorney to learn more about your options.

The first step in a railroad lawsuit is to show that the defendant owed the plaintiff a duty of care. The plaintiff must show that the defendant breached the duty of care by failing to safeguard them from injury. The plaintiff must also prove that the breach was the direct cause of their injuries.

A railroad worker who contracts cancer due to their job must prove that the employer failed properly to inform them of the risks they face. They also must demonstrate that their cancer was directly caused by this negligence.

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

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