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Railroad employees who suffer from occupational diseases such as cancer are entitled to bring a lawsuit under the Federal Employers' Liability Act. However, it can be challenging to prove that the condition is related to work.

For instance the worker could have signed an agreement when he first settled an asbestos claim, and then sued for cancer that may have resulted from exposures.

FELA Statute of Limitations

In a lot of workers' compensation cases, the clock begins to tick on the claim the moment an injury is identified. FELA laws permit railroad workers to file a lawsuit for lung disease or cancer long after the incident has occurred. It is imperative to submit a FELA report as soon after an injury or illness as you can.

Sadly, railroads often attempt to dismiss a case by arguing that the employee did not perform the task within the three-year limitation period. Courts often rely on two Supreme Court cases to determine when the FELA clock starts.

The first thing they'll consider is whether the railroad worker is aware that his or her ailments are related to their work. The claim can be ruled out if the railroad worker visits a doctor and the doctor is able to prove that the injuries are due to their work.

The other aspect is the length of time before the railroad employee became aware of the symptoms. If the employee has been experiencing breathing issues for several years and ascribes the issue to his or her railway work It is likely that the railroad worker is within the time limits. If you have questions about your FELA claim, please schedule an appointment with one of our lawyers.

Employers' Negligence

FELA sets out a legal framework for railroad employees to hold negligent employers accountable. Railroad employees can sue their employers full for their injuries, unlike most other workers who are confined to worker's compensation plans with fixed benefits.

Our attorneys recently secured an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, COPD and emphysema as a result of their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.

The railroad claimed that the cancer of the plaintiffs was not linked to their jobs on the railroad and that the lawsuit was barred due to the fact that it had been three years since they discovered their health issues were linked to their work at the railroad. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees about the dangers of asbestos or diesel exhaust while at work and the railroad didn't have safety procedures in place to safeguard its employees from the dangers of chemicals.

blacklands railroad lawsuit is better to hire an experienced lawyer when you can even though an employee may have up to three years to file a FELA suit from the date they were diagnosed. The sooner our attorney starts collecting witness statements, evidence, and other evidence, then the better chance there is of the success of a claim.

Causation

In a personal injury action plaintiffs must prove that the actions of a defendant led to their injuries. This is referred to as legal causation. It is essential that an attorney thoroughly examines the claim prior to filing it in the court.

Diesel exhaust is the only source that exposes railroad workers to a myriad of chemicals that include carcinogens pollutants and other pollutants. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damages become more severe and lead to conditions like chronic asthma and COPD.


One of our FELA cases involves an ex-conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease following decades of working in the cabs of trains without protection. He also had back issues due to his long hours of pushing and lifting. His doctor told him that these back issues were the result of years of exposure to diesel fumes which he believes aggravated his other health issues.

Our attorneys successfully preserved favorable trial court rulings and a comparatively low federal jury verdict for our client in this case. The plaintiff argued that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected his physical and emotional condition and he was concerned that the possibility of developing cancer. The USSC found that the railroad defendant was not to blame for the plaintiff's anxiety about cancer, since the plaintiff had already waived his rights to sue the railroad defendant in a previous lawsuit.

Damages

If you were injured while working for a railroad company and you were injured, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. This means that you can seek damages for your injuries, which could include compensation for your medical bills and pain and suffering you have suffered as a result your injury. However, this process is complex and you should talk to a lawyer who handles train accidents to understand your options.

The first step in a railroad lawsuit is to prove that the defendant was liable to the plaintiff under a duty of care. The plaintiff must then show that the defendant violated this duty by failing to protect the injured person from injury. The plaintiff must then show that the defendant's breach of duty was the primary cause of the injury.

For instance a railroad worker who develops cancer due to their work at the railroad has to prove that their employer did not adequately warn them about the dangers associated with their job. They also must prove that their cancer was directly caused by the negligence of their employer.

In one case the railroad company was accused of wrongful conduct by a former employee who claimed that his cancer was caused through exposure to diesel and asbestos. We argued that the plaintiff's action was barred by time because he signed an earlier release in a separate suit against the same defendant.

Homepage: https://sites.google.com/view/railroadcancersettlements