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Railroad employees who are suffering from occupational diseases such as cancer can pursue a lawsuit under Federal Employers' Liability Act. However, it can be challenging to prove that the illness is a result of work.
A worker, for example could have signed a waiver after settling an asbestos claim. Then, class action lawsuit against railroads could sue later for a cancer that was believed to have been caused by those exposures.
FELA Statute of Limitations
In many workers' compensation cases, the clock begins to run on a claim when an injury is documented. However, FELA laws allow railroad employees to file a lawsuit for the growth of lung disease and cancer years after the fact. It is imperative to make a FELA report as early after an injury or illness as possible.
Unfortunately, the railroad will attempt to dismiss a case by arguing that an employee was not acting within the three-year period of limitations. Courts typically use two Supreme Court cases to determine when the FELA clock will begin.
First, they will consider whether the railroad employee has a reason to believe the symptoms are related to their job. If the railroad worker goes to a doctor and the doctor concludes that the injuries are due to work, the claim is not time-barred.
Another factor to take into consideration is the amount of time that has passed since the railroad employee started to notice signs. If he or she is experiencing breathing difficulties for a long time and attributes the problems to their working on rails it is most likely that the railroad employee is within the statute of limitations. If you have concerns regarding your FELA claim, please set up a an appointment with one of our lawyers.
Employers' Negligence
FELA gives railroad workers the legal basis to hold negligent employers responsible. In contrast to other workers, who are bound by compensation systems for workers with set benefits, railroad employees are allowed to sue their employers for the full value of their injuries.
Our attorneys recently secured an award in a FELA lawsuit filed by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, COPD and emphysema as a result 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 related to their railroad work and that the lawsuit was barred because it had been more than three years since they found out that their health issues were a result of their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad didn't inform its employees of the dangers of asbestos and diesel exhaust while they were at work, and that the railroad did not have safety procedures in place to safeguard its workers from harmful chemicals.
It is recommended to hire a lawyer with experience when you can, even though a worker may have up to three years to submit an FELA suit from the time they were diagnosed. The sooner we can have our attorney begin gathering witness statements, evidence and other evidence, the more likely a successful claim can be filed.
Causation
In a personal injury case plaintiffs must show that a defendant's actions caused their injuries. This is known as legal causation. This is why it's so important that an attorney thoroughly examine a claim before filing it in court.
Railroad workers are exposed to a myriad of chemicals, including carcinogens as well as other pollutants, from diesel exhaust by itself. These microscopic particles get into lung tissue, causing inflammation as well as damage. As time passes, these damage could lead to debilitating ailments like chronic bronchitis or COPD.
One of our FELA cases involves an ex-train conductor who developed chronic obstructive respiratory diseases and asthma after a long period of time in cabs without any protection. Additionally, he was diagnosed with back pains that were debilitating as a result of his long hours of pulling, pushing and lifting. The doctor who treated him said that the issues were the result of the years of exposure to diesel fumes. He claims that this led to the aggravation of the other health problems.
Our attorneys were able to keep favorable trial court rulings as well as a small federal juror award for our client. The plaintiff claimed that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected his physical and psychological condition because he was afraid his cancer would strike him. The USSC found that the defendant railroad was not at fault for the plaintiff's fears of cancer, since the plaintiff had previously renounced his right to sue the railroad defendant in a previous lawsuit.
Damages
If you've suffered an injury during your employment on the railroad, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries through this method, which could include the cost of medical bills as well as pain and suffering. However this process is not easy and you should talk to a train accident lawyer to know 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 prove that the defendant violated this duty of care by failing to protect them from injury. The plaintiff must then show that the defendant's breach of duty was the direct cause of their injuries.
For example a railroad worker who was diagnosed with cancer due to their work at the railroad has to prove that their employer did not adequately warn them of the dangers that they face in their work. 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 due to exposure to diesel and asbestos. We claimed that the plaintiff's claim was time-barred because he executed an earlier release in a separate suit against the same defendant.
