If you’ve worked on the railroad and seen coworkers fall ill or injured due to the conditions you endure, you may be told that it’s “just a part of the job.” However, it’s imperative to understand that this is not always true. Your employer has a responsibility to ensure your work environment is healthy and free of hazards. As such, the following blog explores how you can file a FELA claim if you’ve been diagnosed with occupational illnesses with the assistance of a railroad cancer lawyer.
What Occupational Illnesses Do Railroad Workers Often Suffer?
Typically, occupational illnesses are the result of repeated and prolonged exposure to harmful substances or conditions that can lead to a health condition or disorder. In many instances, these are written off a “part of the job,” as a means to deter workers from fighting for compensation upon their diagnosis. Employers may tell workers they knew the risks of the job before working, and thus should not file a compensation claim.
Railroads often transport hazardous materials, and if workers are not made aware of the substances on board and given proper equipment and training to safely handle these materials, they can suffer health impacts. Additionally, other standard aspects of working on a railroad, like diesel fumes, welding fumes, and silica dust, can lead to several health issues when workers are exposed for a long period. Common illnesses workers are diagnosed with include, but are not limited to:
- Colon cancer
- Blood cancer
- Pulmonary fibrosis
- Esophageal cancer
- Scleroderma
- Mesothelioma
Unfortunately, because these illnesses do not occur overnight, many workers are long retired from working on the railroad when they receive their diagnosis.
If I’m Diagnosed, Can I File a FELA Claim?
If you are diagnosed with a disease that can be linked back to your time spent working on the railroad, it’s imperative to understand your legal options. Unfortunately, many who have stopped working believe they are past the three-year statute of limitations to file a FELA claim. However, it’s imperative to understand that there is an exception for illnesses. You will have three years from the date you discovered the illness to file a claim, which helps ensure you can fight for justice and your employer can be held liable for their negligence.
It’s important to understand that filing a FELA claim is incredibly challenging. Unlike workers’ compensation, you must prove that your employer was at least partially negligent in their actions and that negligence led to your illness. This can be incredibly difficult, so it’s imperative to work with an experienced attorney who can help you fight for justice.
At Doran & Murphy, we understand how devastating receiving a diagnosis can be. That’s why our firm is dedicated to fighting for you. We will do everything in our power to help you receive a favorable outcome, so you can focus on healing. Connect with us today to discuss your circumstances with a member of our firm.
