Does the FELA cover diseases due to working for the railroad as well as injuries?

Yes, the Federal Employers’ Liability Act (FELA) can cover diseases and illnesses that railroad workers contract as a result of their work and injuries. FELA is a federal law that provides protection and compensation for railroad workers who are harmed or become ill due to the negligence of their employer or co-workers. While FELA is often associated with injuries resulting from accidents, it also extends to occupational diseases and illnesses arising from the railroad industry’s working conditions.

Here’s an overview of how FELA covers diseases and illnesses related to railroad work:

Occupational Diseases and Illnesses

FELA recognizes that working in the railroad industry can expose employees to various hazardous conditions and substances that may lead to the development of occupational diseases or illnesses. These can include conditions such as asbestosis, mesothelioma (caused by asbestos exposure), lung diseases, hearing loss due to excessive noise, and chemical exposure-related illnesses, among others.

Employer Negligence

To pursue a FELA claim for an occupational disease or illness, you must establish that your employer’s negligence played a significant role in causing your condition. This negligence can take various forms, including inadequate safety measures, failure to provide protective equipment, lack of training, or improper handling of hazardous materials.

Legal Representation

Just as in FELA cases involving injuries, it’s essential to consult with an experienced FELA attorney if you believe you’ve contracted an occupational disease or illness due to your work in the railroad industry. An attorney can help you gather evidence to demonstrate your employer’s negligence, assess the strength of your case, and guide you through the legal process.

Statute of Limitations

Just like FELA cases involving injuries, claims related to occupational diseases or illnesses are also subject to specific statutes of limitations.

Occupational diseases often appear long after exposure, so whether the statute of limitations has expired is usually a consideration that needs to be carefully assessed. FELA has a three-year statute of limitations, which means a case needs to be settled or filed in a proper court before that three-year period expires. Courts have held the three-year under the FELA statute of limitations begins to run when a worker knows or should know he/she suffers from an occupational disease connected with their railroad job.

The court will review what an employee knew about his/her exposure to potentially toxic substances and when symptoms began to develop to assess when an employee should have realized their disease was probably due to exposure on the railroad. This means in some rare cases, the time period may begin to run before a doctor tells an employee the disease they have is due to their railroad work.

Given the complexities of FELA statute of limitations, it’s crucial to consult with a FELA attorney promptly to ensure that you meet all deadlines for filing your claim.

Our law firm has represented hundreds of railroad workers since the 1980s, handling their FELA claims throughout the eastern U.S.A., and one of our firm’s attorneys co-wrote the treatise: “Railroad Health & Safety: A Litigator’s Guide,” found in most of the nation’s law libraries.

 

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