While you may use every safety accessory and take every safety precaution necessary to avoid these substances while working on the railroad in the Western United States, it may not be enough. So if you receive a devastatingly serious medical diagnosis well into your retirement, you may feel you missed your opportunity to hold your negligent railroad company employer accountable. However, this is not the case. If you received a delayed diagnosis for a railroad-related illness, you may still be eligible to pursue a claim under the Federal Employers’ Liability Act (FELA). In many instances, the deadline for a claim begins when you discovered or reasonably should have discovered that your illness is work-related. This includes situations in which railroad workers receive a delayed diagnosis and need to determine if they are still eligible to pursue a FELA claim, how the statute of limitations applies, and the compensation they may be eligible for.
What Happens if I Get a Delayed Diagnosis for My Railroad Work-Related Illness?
Generally speaking, nationwide, the statute of limitations for FELA claims against negligent railroad company employers is three years. This usually means three years from the date your railroad accident event occurred.
However, your railroad work-related illness may not be attributed to a specific incident. On top of that, it may not become noticeable until quite some time later. Therefore, your deadline may be extended to the date you were diagnosed or the date you should have reasonably known about your illness. For this, you may cite what is known as the discovery rule.
All of this to say, you must not completely give up and let your delayed diagnosis hold you back from pursuing the financial compensation to which you are entitled.
It’s also important to understand that the statute of limitations for a FELA claim is three years, regardless of where the injury occurred. This is because FELA is a federal statute, meaning it supersedes state law. For example, a standard personal injury claim in California has a statute of limitations of two years. However, if you pursue a FELA claim for a railroad accident that happened in the state, the three-year deadline would apply.
How the Discovery Rule Applies to Railroad Illness Claims
- The statute of limitations for FELA claims, which is three years, begins when you discover your illness, not when the exposure occurred
- This is imperative for illnesses with long latency periods, like cancer and other respiratory illnesses
- Courts will consider when you knew or reasonably should have known that your diagnosis was work-related
- Delayed diagnoses are common in railroad illness claims due to prolonged exposure and slow-developing conditions
Common Illnesses Associated With Delayed Diagnoses in Railroad Workers
- Lung cancer linked to diesel exhaust and silica dusts
- Mesothelioma as a result of exposure to asbestos
- Luekema related to benzene and chemical solvents
- Chronic obstructive pulmonary disease (COPD) from long-term inhalation of hazardous materials
- Kidney, blood, and bladder cancer related to long-term exposure to chemicals
What Medical Evidence Do I Need To Supplement My FELA Claim?
If you use the discovery rule and declare a delayed diagnosis for your FELA claim in California, Oregon, or any state in the Western United States, you may have to provide far more evidence. This may be to further demonstrate that your legal action is indeed valid and enforceable.
First, you may bring forward medical evidence of the approximate date you began experiencing symptoms of your illness. This may be in the form of a medical bill from the first day you visited your primary care physician or even the emergency room out of concern for your health condition. From here, you may have copies of the diagnostic test results you received along the way.
Lastly, you may have a statement from your treating physician that discloses the date they officially diagnosed you with your illness, along with the treatment plan they have recommended going forward. Also, within this statement, they may explain how diagnoses for your particular illness are typically delayed, given its nature.
Key Medical and Legal Evidence Needed for a Delayed Diagnosis Claim
To successfully file a delayed diagnosis claim under FELA, you must provide strong evidence, including medical and occupational records, linking your condition to your time spent working for your railraod employer. This can include:
- Medical records documenting early symptoms and complaints
- Bills and other documentation from your first visit, specifically related to your symptoms
- Diagnostic imaging confirms your illness
- Physician statements detailing:
- The date of the formal diagnosis
- Expected illness progression
- Explanation of why the diagnosis may have been delayed
- Treatment plans explaining the severity and duration of the illness
Additional Evidence That Can Strengthen Your Claim
- Employment records showing the duration of your time with the employer
- Known exposure history to carcinogens and other hazardous materials
- Testimony from occupational or medical experts linking your time on the railroad to your diagnosis
- Workplace records showing a lack of adequate training or the use of personal protective equipment
Contact Our Experienced California Railroad Injury Firm Today
To ensure you do not go through this critical yet complex process alone, please reach out to one of the talented FELA lawyers. Our team at Hildebrand McLeod & Nelson LLP is more than happy to serve you. Though our office has two convenient locations in California, we are proud to serve injured and wronged railroad workers throughout the Western United States. As such, if you need assistance, do not hesitate to contact our dedicated firm today.
