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Railroad Injury/FELA
- Norfolk Southern Required to Pay Multi-Million Dollar Penalty for Accident Releasing Toxic Chlorine Gas
- Teens' Deaths Raise Questions Over Controlling Pedestrian Access to Train Tracks
- Fatal Commuter Train Crash in Belgium Apparently Due to Missing Automatic Braking System
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Firm News
- Attorney Discusses Legal Tactics Railroad Companies May Take in Court
Posted on 3/9/2010 - Attorney Takes CSX to Task Over Forcing Woman to Crawl Under Trains
Posted on 2/18/2010 - Attorney Discusses Norfolk Southern Train Derailment
Posted on 2/2/2010 - Attorney Examines the Battle between Amtrak and Railroad Worker Unions
Posted on 1/20/2010 - Attorney Discusses Railroad Companies Lack of Action with Asbestos
Posted on 1/19/2010
Library
Railroad Injury/FELA
- Railroad Worker Mesothelioma/Cancers: Learn Where the Toxic Asbestos Was and When the Rail Companies Knew It Was a Problem
- CSX, Norfolk Southern, and Other Rail Companies Looking at “Greener” Engines, but Appear to Neglect Health of Rail Workers.
- Here are some results from our railroad injury and FELA cases. After you've reviewed them, give our firm a call at 1-800-752-0042 for a free case analysis.
FELA Statute of Limitations
On the page below you can find links to videos provided by Shapiro, Cooper Lewis & Appleton, P.C.. RAILROAD WORKERS ARE PROVIDED LEGAL PROTECTION FOR WORK RELATED INJURIES BY THE FEDERAL EMPLOYERS’ LIABILITY ACT (45 U.S.C. § 51, ET SEQ.) OR “FELA.” THE FELA PROVIDES THAT INTERSTATE RAILROADS ARE LIABLE FOR ON-DUTY INJURIES SUFFERED BY THEIR EMPLOYEES WHICH ARE CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF THE RAILROAD AS WELL AS DEFECTIVE EQUIPMENT.THE FELA HAS A THREE YEAR STATUTE OF LIMITATIONS WHICH MEANS AN INJURY CASE MUST BE SETTLED OR FILED IN A PROPER COURT PRIOR TO THE THREE YEAR ANNIVERSARY OF THE INJURY. WHEN DEALING WITH A TRAUMATIC CASE, THIS IS A RELATIVELY EASY DATE TO ESTABLISH, I.E. THREE YEARS FROM THE DATE OF THE INJURY. THE QUESTION OF WHEN THE STATUTE OF LIMITATIONS BEGINS TO RUN ON MULTIPLE TRAUMA CASES OR LATENT DISEASES SUCH AS ASBESTOSIS IS A MUCH MORE DIFFICULT ONE. THE RULE GENERALLY APPLIED BY COURTS IS SIMPLY STATED AS, “THE STATUTE OF LIMITATIONS BEGINS TO RUN WHEN AN EMPLOYEE KNOWS, OR SHOULD KNOW, HE OR SHE SUFFERS FROM AN OCCUPATIONAL DISEASE OR INJURY. CERTAINLY THE TIME PERIOD BEGINS TO RUN WHEN A TREATING PHYSICIAN DIAGNOSES AN EMPLOYEE WITH A CONDITION RELATED TO RAILROAD EMPLOYMENT. HOWEVER, COURTS OFTEN LOOK BEYOND THE SIMPLE “DIAGNOSIS RULE” TO DETERMINE IF THE EMPLOYEE HAD REASON TO BELIEVE THEY HAD SUFFERED A WORK RELATED INJURY PRIOR TO FORMAL DIAGNOSIS BY A PHYSICIAN. COURTS WILL OFTEN EXAMINE HOW LONG THE EMPLOYEE SUFFERED SYMPTOMS AND HOW CONSISTENT THOSE SYMPTOMS WERE PRIOR TO MEDICAL CONSULTATION AND WHETHER A FACTUAL BASIS EXISTED FOR THE EMPLOYEE TO RELATE THE SYMPTOMS OR CONDITIONS TO HIS OR HER RAILROAD EMPLOYMENT. THE COURTS WILL ALSO EXAMINE WHETHER THE RAILROAD EMPLOYEE PROVIDES A COMPLETE AND HONEST HISTORY TO THE DOCTOR TO ENABLE THE DOCTOR TO REASONABLY CONSIDER ALL POTENTIAL CAUSES FOR THE SYMPTOMS COMPLAINED OF BY THE EMPLOYEE. SHOULD THE COURT FIND THE EMPLOYEE HAD A REASONABLE BASIS TO RELATE HIS OR HER CONDITION TO RAILROAD EMPLOYMENT PRIOR TO FORMAL DIAGNOSIS BY A DOCTOR, THE COURT MAY FIND THAT THE STATUTE OF LIMITATIONS BEGAN TO RUN PRIOR TO FORMAL DIAGNOSIS. LIKEWISE, IF A COURT FINDS AN EMPLOYEE FAILED TO PROVIDE A FULL ACCURATE HISTORY TO A PHYSICIAN WHO FAILS TO RELATE A CONDITION TO RAILROAD EMPLOYMENT, IT MAY HOLD THE EMPLOYEE FAILED TO ACT REASONABLY IN ASSISTING THE PHYSICIAN IN THE ASSESSMENT OF THE CAUSE OF THE CONDITION AND ONCE AGAIN FIND THE STATUTE OF LIMITATIONS BEGAN TO RUN PRIOR TO FORMAL DIAGNOSIS.
ANYONE WHO SUFFERS FROM A CONDITION OR DISEASE WHICH MAY BE RELATED TO THEIR RAILROAD EMPLOYMENT AND ARE CONSIDERING PURSUING A CLAIM UNDER THE FELA SHOULD CONTACT A QUALIFIED ATTORNEY TO DISCUSS THEIR POTENTIAL CLAIM IN DETAIL.
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Virginia Beach, VA 23455
Phone: (757) 460-7776
Fax: (757) 460.3428
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Hampton, Virginia 23669
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Case Results
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Railroad Injury/FELA
- Shoulder Injury requiring surgery for Locomotive Engineer
- Locomotive Engineer with Shoulder and Knee Injuries
- Railroad Conductor gets back injury due to fall in ballast depression
- Railroad conductor/back injury-surgery/Safety Appliance act Violations
- Locomotive Engine Fire causes Rail Engineer right arm and wrist surgery
Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.
Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.
Awarded: The case was settled for $900,000
Awarded: The case was settled at mediation for $700,000.00
FAQs
Railroad Injury/FELA
- I was just diagnosed with cancer or mesothelioma. No one ever told me before that it was connected to railroad work I did many years earlier. Can I still bring a railroad injury or disease claim?
- I have already retired from the railroad many years ago, do I still have a potential claim for an asbestos cancer or mesothelioma?
- How does anyone prove that the asbestos cancer or mesothelioma arose from exposure at the railroad?
- Is there any cost for your firm to analyze my potential railroad injury case involving cancer or mesothelioma?
- Is there evidence that railroads were using asbestos insulation in the 1950s, 1960s, 1970s, 1980s, 1990s and so forth?