Notes

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Railroad workers who suffer from occupational diseases like cancer have the right to make a claim under the Federal Employers' Liability Act. It isn't always easy to prove a disease is related to work.

A worker, for instance, may have signed a release after the settlement of an asbestos lawsuit. He then sued later for cancer he claimed was caused by exposure to asbestos.

FELA Statute of Limitations

In a lot of workers' compensation cases, the clock begins to tick on a claim when an injury is documented. FELA laws permit railroad workers to sue for lung diseases or cancer for years after it has occurred. It is crucial to file an FELA report as soon after accident or illness as soon as it is possible.

Sadly, railroads often attempt to dismiss a case by arguing that the employee did not act within the three year statute of limitations. To determine when the FELA "clock" begins courts typically look to two Supreme Court decisions.


They must first determine if the railroad employee had any reason to believe that his or symptoms were connected to their job. The claim will not be denied when the railroad employee consults a doctor, and the doctor affirms that the injuries are related to their job.

The second factor is the length of time before the railroad employee noticed symptoms. If the employee has been experiencing breathing issues for a while and attributes the issues to his or her railway work, then it is likely that the railroad employee is within the statute of limitations. If you have concerns about your FELA claim, please schedule an appointment for a no-cost consultation with our lawyers.

Employers' Negligence

FELA provides a legal foundation for railroad employees to hold negligent employers accountable. In contrast to other workers, who are bound by the system of worker's compensation that has set benefits, railroad employees are allowed to sue their employers for the full value of their injuries.

Our attorneys secured a verdict recently in a FELA case filed by retired Long Island Railroad machinists. They suffered from COPD, chronic bronchitis, and emphysema from their asbestos exposure while working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the plaintiffs' cancer was not linked to their jobs on the railroad and that the lawsuit was barred because it was more than three years since they discovered their health issues were linked to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad never informed its employees about asbestos's dangers and diesel exhaust while they were at work, and that the railroad did not have safety procedures in place to safeguard its workers from dangerous chemicals.

Though a worker has up to three years from the date of diagnosis to make a FELA lawsuit however, it is best to retain a professional lawyer as soon as it is possible. The sooner our attorney starts collecting witness statements, records, and other evidence, then the greater chance is of an effective claim.

Causation

In a personal injuries action plaintiffs must prove that the defendant's actions are the cause of their injuries. This is referred to as legal causation. It is vital that an attorney has a thorough examination of any claim before submitting it to court.

Diesel exhaust alone exposes railroad workers to hundreds of chemicals including carcinogens, pollutants and other contaminants. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damages can lead to debilitating conditions like chronic bronchitis or COPD.

One of our FELA cases is an ex-conductor who developed debilitating asthma and chronic obstructive respiratory disease following many years in train cabs without protection. Additionally, he was diagnosed with back pain that was debilitating as a result of his years of lifting, pushing and pulling. His doctor informed him that these back issues were the result of years of exposure to diesel fumes, which he claimed aggravated his other health issues.

Our lawyers were able to keep favorable trial court rulings and also a modest federal juror award for our client. The plaintiff alleged that the train derailment and the subsequent release of vinyl chloride from the rail yard affected his physical condition and also his emotional state, as he worried that he might develop cancer. However, the USSC declared that the railroad in question could not be responsible for his fear of developing cancer because he previously gave up the right to pursue this claim in a prior lawsuit.

Damages

If you've been injured while working for the railroad, you could be eligible to pursue a lawsuit under the Federal Employers' Liability Act. lung cancer lawsuit could receive damages for your injuries through this method, which could include the payment of medical bills and pain and suffering. This process is 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 establish that the defendant owed the plaintiff a duty of care. The plaintiff must demonstrate that the defendant violated the duty of care by failing to protect them from injury. The plaintiff must also demonstrate that this breach was the direct cause of their injury.

For example railway workers who contracted cancer as a result of their job on the railroad must prove that their employer failed to adequately warn them of the dangers that they face in their work. They also must demonstrate that their cancer was directly caused by the negligence of their employer.

In one case we defended a railroad firm against a lawsuit filed by an employee who claimed that his cancer was the result of exposure to asbestos and diesel. We argued that the plaintiff's suit was time-barred, because the plaintiff had signed a waiver in a prior suit against the defendant.

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