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Rail workers suffering from occupational diseases such as cancer can file a lawsuit in accordance with the Federal Employers' Liability Act. It isn't always easy to prove a disease is linked to work.
A worker, for example, may have signed a waiver after the settlement of an asbestos lawsuit. He later filed a lawsuit for cancer he claimed was caused by those exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock begins clocking on a claim when an injury is discovered. However, FELA laws allow railroad employees to file lawsuits for the development of lung disease or cancer, even years after the fact. This is why it is vital to obtain an FELA injury or illness report as soon as you can.
Sadly, the railroad will try to dismiss a case asserting that the employee's actions were not within the timeframe of three years of limitations. Courts often use two Supreme Court cases to determine when the FELA clock begins.
First, they will consider whether the railroad employee is aware that the symptoms are related to work. If the railroad employee goes to a doctor and the physician conclusively states that the injuries are due to work the claim isn't time-barred.
A second factor to consider is the amount of the time since the railroad worker began to notice signs. If the employee has been experiencing breathing difficulties for several years and ascribes the issues to working on rails it is most likely that the railroad worker is within the time limits. If you have concerns about your FELA claim, please schedule an appointment for a no-cost consultation with our lawyers.
union pacific railroad lawsuit provides railroad workers with a legal basis to hold negligent employers responsible. In contrast to other workers, who are governed by worker's compensation systems with pre-determined benefits, railroad workers are allowed to sue their employers for the full value of their injuries.
Our attorneys recently won the verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who were diagnosed with COPD, chronic bronchitis and Emphysema because of their exposure to asbestos when working on locomotives. cancer lawsuit awarded them $16,400,000 in damages.
The railroad claimed that the cancer of the plaintiffs wasn't related to their jobs on the railroad. They also claimed that the lawsuit was not allowed since it had been more than three years since they discovered their health issues were related to their work on the railroad. Our Doran & Murphy lawyers were successful in proving that the railroad did not inform its employees of the dangers of asbestos or diesel exhaust while they were at work and the railroad had no safety procedures in place to shield its employees from hazardous chemicals.
It is best to engage an experienced lawyer immediately even though a worker could have up to three years to file an FELA suit from the time they were diagnosed. The sooner our attorney starts collecting witness statements, documents and other evidence the greater chance there is of the success of a claim.
Causation
In a personal injury lawsuit, plaintiffs have to prove that the defendant's actions were accountable for their injuries. Leukemia lawsuit is called legal causation. It is essential that an attorney thoroughly examines the claim prior to filing it in court.
Railroad workers are exposed to a variety of chemicals, including carcinogens as well as other pollutants, from diesel exhaust on its own. These microscopic particles get into the lung tissue, causing inflammation and damage. Over time, these damages could lead to debilitating ailments like chronic bronchitis or COPD.
One of our FELA cases involves an ex-train conductor who developed chronic obstructive pulmonary asthma and other respiratory diseases after a long period of time in cabs without any protection. Additionally, he developed back pain that was debilitating as a result of his long hours of pulling, pushing and lifting. His doctor informed him that these problems were the result of years of exposure to diesel fumes, which he claims, aggravated his other health issues.
Our attorneys were able to keep favorable trial court rulings as well as a small federal juror award for our client. The plaintiff alleged that the train derailment, and subsequent release of vinyl chloride from the rail yard affected his physical condition as well as his emotional state, as he was worried that he would get cancer. The USSC decided that the railroad defendant was not responsible for the plaintiff's fears of cancer because the plaintiff had previously renounced his right sue the defendant railroad in a previous lawsuit.
Damages
If you were injured while working for a railroad it is possible to file a suit under the Federal Employers' Liability Act. With this option, you could be able to claim damages for your injuries, which could include compensation for your medical bills as well as for the suffering and pain you've suffered as a result your injury. However the process is complicated and you should talk to a train accident lawyer to learn more about your options.
The first step in a railroad lawsuit is to establish that the defendant had a duty to the plaintiff of care. The plaintiff must show that the defendant violated the duty of care by failing to safeguard them from injury. The plaintiff must also prove that the breach was a direct reason for their injury.
For instance an employee of a railroad who develops cancer as a result of their job 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 their negligence caused their cancer.
In one case, a railroad company was sued by a former employee who claimed 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 another suit against the same defendant.