Receiving a cancer diagnosis can be devastating. As such, if you have been diagnosed with mesothelioma, you may not know where to turn. Unfortunately, if you have worked on the railroad, there may be a link between your time spent working and your current diagnosis. If you believe your time working on our nation’s railroad is the cause of your diagnosis, the following blog explores what you should know about filing a FELA claim to recover the compensation you deserve. In addition, you’ll learn why working with a railroad mesothelioma lawyer is in your best interest to help guide you through these difficult times.
What Is Mesothelioma and What Causes It?
Mesothelioma is a rare form of cancer that is almost always caused by exposure to asbestos. Asbestos is a fibrous mineral that was commonly used in construction and industrial work due to its heat resistance and strength. However, it is now a widely known carcinogen, and its use has drastically dwindled.
When asbestos is disturbed, it releases a number of microscopic particles into the air that, when inhaled, attach themselves to the lining of your lungs, known as the pleural lining. Once settled into the lining of your organs, mesothelioma develops.
Unfortunately, workers in the railroad industry can be exposed to this material, as this was an incredibly common material, often used in gaskets and insulating train cars. While the risk of mesothelioma was markedly higher for older workers, remnants of asbestos can remain in cars, equipment, and rail yards, meaning current workers could be at risk of exposure.
Is Cancer Covered Under FELA?
Many assume that they cannot recover compensation for a cancer diagnosis under the Federal Employers’ Liability Act (FELA) because there is often a significant time lapse between their time spent working on the railroad and their diagnosis. You may assume that since your diagnosis comes after the statute of limitations for FELA claims, which is three years, has expired, you will be unable to seek the funds you deserve. However, it’s imperative to understand that the statute of limitations does account for the fact that some illnesses may not immediately develop. As such, you will have three years from the date on which you discovered or should have discovered your illness to pursue a claim for the damages you’ve suffered.
Unfortunately, fighting for the compensation you deserve can be difficult due to the complexities of the FELA process. However, working with an experienced FELA attorney can help ensure you have the best opportunity to recover the compensation you deserve.
At Doran & Murphy, we understand the impact that a mesothelioma diagnosis can have on your life. That is why our team is committed to helping you fight for the justice and compensation you deserve. When you need help, our team is here. Contact us today to discuss your circumstances with a member of our firm.
