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Rail workers who suffer from occupational illnesses such as cancer can bring a lawsuit in line with the Federal Employers' Liability Act. However, it can be challenging to prove that the disease is related to work.

For instance, a worker may have signed an indemnity agreement when he initially settled an asbestos-related claim and then sued later for cancer that allegedly resulted from those exposures.

Statute of Limitations under the FELA

In a lot of workers' compensation cases, the clock begins to tick on a claim the moment an injury is discovered. FELA laws permit railroad employees to sue for lung disease or cancer for years after the fact. It is essential to submit an FELA report as shortly after an injury or illness as possible.

Unfortunately, the railroad will often try to get a case dismissed by arguing that the employee failed to perform the task within the three-year time limit. Courts often rely on two Supreme Court cases to determine when the FELA clock begins.

They must first determine if the railroad employee had any reason to believe that his or symptoms were connected to their job. The claim is not barred when the railroad employee goes to a doctor and the doctor concludes that the injuries were due to their job.

Lymphoma lawsuit to consider is the amount of the time from the time the railroad employee first began to notice signs. If he or she has been suffering from breathing problems for a long time and attributes the issues to work on the rails it is likely that the railroad worker is within the time limit. Contact us for a free consultation in case you have questions regarding your FELA claims.


Employers' Negligence

FELA gives railroad workers the legal basis to hold negligent employers accountable. Railroad employees are able to sue their employers in full for injuries suffered unlike many other workers, who are subject to compensation programs for workers with fixed benefits.

Our attorneys obtained an award in a recent FELA case filed by retired Long Island Railroad machinists. They developed COPD chronic bronchitis and emphysema because of their asbestos exposure when working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the cancer of the plaintiffs was not connected to their railroad work and the lawsuit was not time-barred due to the fact that it was more than three years since they realized that their health problems were due to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad didn't inform its employees of asbestos's dangers and diesel exhaust while they were at work and the railroad did not have safety procedures in place to shield its employees from hazardous chemicals.

Although a worker has up to three years from the date of their diagnosis to submit a FELA lawsuit however, it is best to get a seasoned lawyer as soon as it is possible. The sooner we can get our attorney started gathering witness statements, records and other evidence then the greater chance is of an effective claim.

Causation

In a personal injury case plaintiffs must demonstrate that a defendant's actions caused their injuries. This is known as legal causation. It is important that an attorney has a thorough examination of the claim prior to filing it in 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 as well as damage. As time passes, these damage can lead to debilitating conditions such as chronic bronchitis, or COPD.

One of our FELA cases involves an ex-train conductor who was diagnosed with chronic obstructive pulmonary asthma and other respiratory diseases after a long period of time in cabins, with no protection. Additionally, he developed debilitating back problems due to the years of lifting, pushing and pulling. His doctor informed him that his back problems were a result of years of exposure to diesel fumes, which he claimed aggravated his health issues.

Our lawyers were able to keep favorable trial court rulings and also a modest federal juror award for our client. The plaintiff argued that the derailment of the train and subsequent release vinyl chloride into the rail yard affected his physical and mental health, as he feared it would cause cancer. However, the USSC found that the defendant railroad could not be the cause of the fear of developing cancer because he had previously gave up the right to pursue this claim in a prior lawsuit.

Damages

If you've been injured while working for a railroad, you may qualify to file a claim under the Federal Employers' Liability Act. You could be awarded damages for your injuries through this process, including the cost of medical bills as well as pain and suffering. This is a complicated process and you should speak with a train accident attorney to know your options.

In a railroad case, the first step is to demonstrate that the defendant owed the duty 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 demonstrate that this breach was the direct reason for their injury.

For instance a railroad worker who contracted cancer due to their working for the railroad has to prove that their employer failed to properly warn them of the risks associated with their job. They must also prove that their negligence caused their cancer.

In one instance, a railroad company was accused of wrongful conduct by a former employee who claimed that his cancer was caused by exposure to diesel fumes and asbestos. We argued that plaintiff's lawsuit was not time-barred because the plaintiff had signed a release in a previous lawsuit against the defendant.

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