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Railroad employees who suffer from occupational diseases such as cancer can bring a lawsuit under the Federal Employers' Liability Act. However it can be difficult to prove that the illness is a result of work.

For example an employee may have signed an agreement when he first settled an asbestos claim, and then sued for cancer that may have resulted from those exposures.

FELA Statute of Limitations

In many workers' compensation cases the clock begins in a claim at when an injury is reported. FELA laws permit railroad employees to pursue claims for lung disease or cancer years after it has happened. It is imperative to make an FELA report as early after an accident or illness as soon as it is possible.

Unfortunately, railroads will attempt to dismiss a case saying that the employee was not acting within the timeframe of three years of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock will begin.

The first thing to consider is whether the railroad employee had a reason to believe that their symptoms were connected to their job. The claim is not void when the railroad worker goes to a doctor and the doctor states conclusively that the injuries are due to their work.

Another aspect to consider is the duration of time that has passed from the time the railroad employee first began to notice symptoms. If the railroad employee has been suffering from breathing issues for a number of years and attributes the issue to his or her work on the rails, the statute of limitations will likely to apply. Contact us for a no-cost consultation should you have any questions about your FELA claims.

Employers' Negligence

FELA gives railroad employees an legal basis to hold negligent employers accountable. Railroad workers can sue their employers full for their injuries unlike many other workers who are bound to worker's compensation schemes that have fixed benefits.

Our lawyers recently won the verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, COPD and Emphysema because of their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the cancer of the plaintiffs was not related to their work on the railroad, and that the lawsuit was thrown out because it had been over three years since they discovered their health problems were related to their railroad jobs.  railroad workers cancer lawsuit  & Murphy attorneys were able show that the railroad never provided its employees with information about the dangers of asbestos and diesel exhaust while they were at work and had no security measures to shield their workers from dangerous chemicals.

While a worker can have up to three years from the date of their diagnosis to submit a FELA lawsuit it is always better to seek out a skilled lawyer as soon as is possible. The sooner our attorney begins collecting witness statements, records and other evidence the more likely it is that a successful claim will be made.

Causation

In a personal injury case plaintiffs must demonstrate that the actions of a defendant caused their injuries. This is referred to as legal causation.  mesothelioma lung cancer lawsuit  is why it's so important that an attorney thoroughly examine a claim before filing it in court.

Diesel exhaust is the only source that exposes railroad workers to a myriad of chemicals, including carcinogens pollutants and other pollutants. These microscopic particles get 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 involves an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive respiratory disease following decades of working in the cabs of trains without any protection.  railroad workers cancer lawsuit  developed back problems due to his years of pushing and lifting. His doctor advised him that these issues were the result of years of exposure to diesel fumes, which he claimed aggravated the other health issues he was suffering from.

Our attorneys were able to preserve favorable court rulings in trial and a comparatively low federal jury verdict for our client in this case. The plaintiff claimed that the derailment of his train and subsequent release of vinyl chloride from the rail yard affected his physical health and also his emotional state, as he was worried that he would develop cancer. The USSC decided that the railroad defendant was not at fault for the plaintiff's fear of cancer, since the plaintiff had previously renounced his right sue the railroad defendant in a previous lawsuit.

Damages

If you've suffered an injury while working for a railroad and you were injured, you could be eligible to file a suit under the Federal Employers' Liability Act. You could receive damages for your injuries via this route, including the payment of medical bills and pain and suffering. However the process is complicated and you should talk to an attorney for train accidents to learn more about your options.

In a case involving railroads, the first step is to establish that the defendant owed an obligation of good faith to the plaintiff. The plaintiff must demonstrate that the defendant breached this duty of care by failing to safeguard them from injury. The plaintiff must then show that the defendant's breach of duty was the direct cause of their injury.

For instance a railroad worker who develops cancer as a result of their work on the railroad must prove that their employer failed to properly warn them of the dangers that they face in their work. They must also prove that the negligence led to their cancer.

In one case we defended a railroad company against a lawsuit brought by an employee who claimed that his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's suit was not time-barred because the plaintiff had signed a consent form in a previous suit against the defendant.