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Railroad employees who are suffering from occupational diseases such as cancer have the right to bring a lawsuit under the Federal Employers' Liability Act. It can be difficult to prove that a condition is related to work.


For example the worker could have signed an agreement when he first settled an asbestos-related claim and then later sued for cancer that was allegedly resulting from exposures.

Esophageal cancer lawsuit of Limitations under the FELA

In many workers' compensation cases the clock begins ticking on a claim the moment an injury is discovered. FELA laws, however, allow railroad employees to pursue claims for lung disease or cancer long after it has happened. This is why it is essential to file a FELA injury or illness report as soon as you can.

Unfortunately, the railroad will often try to dismiss a case by arguing that the employee did not comply with the three-year time frame. To determine when the FELA "clock" starts, courts often look to two Supreme Court decisions.

They must first determine if the railroad employee had reason to believe that his or symptoms were related to their job. The claim is not void when the railroad worker goes to a doctor and the doctor states conclusively that the injuries are due to their job.

Another thing to consider is the time that has passed since the railroad employee began to notice symptoms. If the railroad employee has been having breathing issues for a long time, and attributes the problem to his or work on the rails, the statute of limitation will likely to apply. If you have questions regarding your FELA claim, you should schedule a free consultation with our lawyers.

Employers' Negligence

FELA lays out a legal framework for railroad workers to make employers accountable for their actions. Railroad workers can sue their employers full for injuries suffered unlike other workers who are confined to worker's compensation schemes that have fixed benefits.

Our lawyers won the verdict in a FELA case filed by retired Long Island Railroad machinists. They developed COPD chronic bronchitis and emphysema as a result of their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed the plaintiffs' cancer was not linked to their railroad work and the lawsuit was not time-barred since it was three years since they realized that their health issues were related to their railroad work. Our Doran & Murphy attorneys were successful in proving that the railroad did not provided its employees with information about the dangers of asbestos and diesel exhaust while they were working and did not have any safety measures to protect their workers from dangerous chemicals.

Although a worker has up to three years from the date of diagnosis to start a FELA lawsuit, it is always better to get a seasoned lawyer as soon as you can. Interstitial lung disease lawsuit begins gathering witness statements, records and other evidence the more likely it is that the claim will be successful. made.

Causation

In a personal injuries action plaintiffs must prove that the defendant's actions are responsible for their injuries. This requirement is known as legal causation. This is why it's so crucial that an attorney examine a claim before filing it in court.

Railroad workers are exposed to a variety of chemicals, including carcinogens and other harmful substances, through diesel exhaust on its own. These microscopic particles get into the lung tissue and cause inflammation and damage. As time passes, these damage can lead to debilitating conditions like chronic bronchitis and COPD.

One of our FELA case involves a former train conductor who developed chronic obstructive respiratory illnesses and asthma after spending a long time in cabins with no protection. Also, Stomach cancer lawsuit developed back issues due to his years of lifting and pushing. His doctor told him these problems were the result of the years of exposure to diesel fumes. He believes this caused the onset of the other health problems.

Our attorneys successfully preserved favorable trial court rulings and a modest federal jury award for our client in this case. The plaintiff claimed that the derailment of the train and the subsequent release vinyl chloride into the rail yard impacted his physical and emotional condition because he was afraid it would cause cancer. The USSC determined that the railroad defendant was not responsible for the plaintiff's fear of cancer because the plaintiff had already waived his rights to sue the defendant railroad in a previous lawsuit.

Damages

If you were injured while working for a railroad it is possible to file a suit under the Federal Employers' Liability Act. You could be awarded damages for your injuries via this method, which could include reimbursement for medical expenses and pain and suffering. This process is complex, and you should consult with a train accident lawyer to learn more about 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 demonstrate that the defendant breached the duty of care by failing to protect them from harm. The plaintiff should then demonstrate that the defendant's breach of duty was a direct reason for their injury.

For instance, a railroad worker who contracted cancer due to their job on the railroad must prove that their employer failed to properly warn them of the risks associated with their job. They must also prove that the negligence caused their cancer.

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

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