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Rail workers who suffer from occupational illnesses such as cancer can sue in accordance with the Federal Employers' Liability Act. However it can be difficult to prove that the illness is a result of work.

For instance, a worker may have signed a release when he first settled an asbestos claim and then later sued for cancer that allegedly resulted from those exposures.

Statute of Limitations under the FELA

In many workers' compensation cases the clock begins to run on a claim from 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 and cancer long after the fact. It is important to submit an FELA report as early after an accident or illness as soon as it is possible.

Unfortunately, railroads will try to dismiss a case saying that the employee was not acting within the three-year statute of limitations. To determine when the FELA "clock" begins courts usually look at two Supreme Court decisions.

They first have to determine if the railroad employee had reason to believe that their symptoms were connected to their job. The claim is not void in the event that the railroad employee goes to a doctor and the doctor affirms that the injuries are linked to their job.

The second factor is the length of time before the railroad employee became aware of the symptoms. If the railroad employee has suffered from breathing issues for a while, and attributes the problem to his or her work on rails, then the statute of limitation will likely to apply. Please contact us for a free consultation in case you have questions regarding your FELA claims.

Employers' Negligence

FELA gives railroad employees legal grounds to hold negligent employers accountable. Unlike most other workers, who are bound by the system of worker's compensation that has set benefits, railroad employees can sue their employers for the full value of their injuries.

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 exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.

The railroad claimed the plaintiffs' cancer was not connected to their jobs at railroads and the lawsuit was deemed to be time-barred because it had been more than three years since they found out that their health problems were due to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad never informed its employees of asbestos's dangers and diesel exhaust while at work, and that the railroad did not have safety procedures in place to protect its employees from hazardous chemicals.

It is best to engage a lawyer with experience immediately even though a person may have up to three years to start a 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 a successful claim.

Causation

In a personal injury lawsuit plaintiffs must prove that the defendant's actions are accountable for their injuries. This requirement is known as legal causation. It is essential that an attorney examines a claim before filing in court.

Railroad workers are exposed chemicals, including carcinogens as well as other pollutants, from diesel exhaust by itself. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. As time passes, these damage can cause debilitating conditions like chronic bronchitis and COPD.

One of our FELA cases is an ex-conductor who suffered from debilitating asthma as well as chronic obstructive lung disease after decades spent in the cabs of trains without any protection. Also, he developed back issues because of his constant lifting and pushing. The doctor told him these issues were the result of his exposure to diesel fumes which he claims, aggravated his other health issues.

Our attorneys were able to preserve favorable trial court rulings and a minimal federal jury award for our client in this case. The plaintiff claimed that the train derailment and the subsequent release of vinyl chloride from the rail yard impacted his physical health and his emotional state, as he was worried that he might develop cancer. The USSC found that the defendant railroad was not at fault for the plaintiff's anxiety about cancer since the plaintiff previously renounced his right to sue the defendant railroad in a prior lawsuit.

Damages

If you've been injured while working for a railroad company it is possible to file a claim under the Federal Employers' Liability Act. By filing a lawsuit, you may be able to recover damages for your injuries, including the cost of medical bills and the pain and suffering you have suffered as a result your injury. This is a complicated process and you should speak an attorney for train accidents 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 show that the defendant breached this duty of care by failing to protect them from harm.  union pacific railroad lawsuit  has to prove that the breach of duty by the defendant was the sole reason for their injuries.

For instance a railroad worker who develops cancer as a result of their working for the railroad has to prove that their employer did not adequately warn them about the dangers that they face in their work. They must also demonstrate that their cancer was directly caused by the negligence of their employer.

In one instance the railroad company was sued by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. We were of the opinion that the plaintiff's lawsuit was barred because he had signed an earlier release in a separate lawsuit against the same defendant.