Notes

The Advanced Guide To Railroad Lawsuit Aplastic Anemia
How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Rail workers who suffer from occupational diseases like cancer may make a claim in accordance with the Federal Employers' Liability Act. It isn't always easy to prove that a disease is linked 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 allegedly resulting from exposures.

Statute of Limitations under the FELA

In many workers' compensation cases, the clock starts in a claim at when an injury is reported. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease or cancer long after the fact. It is imperative to file an FELA report as soon after an accident or illness as soon as it is possible.

Unfortunately, railroads will attempt to dismiss a case by the argument that an employee did not act within the timeframe of three years of limitations. To determine when the FELA "clock" starts courts usually look to two Supreme Court decisions.

The first thing they'll consider is whether the railroad employee is aware that his or her symptoms are related to their job. The claim can be ruled out when the railroad worker consults a doctor, and the doctor affirms that the injuries are related to their work.

The second aspect is the time from the time that the railroad employee first began to notice symptoms. If he or she has been experiencing breathing issues for a long time and attributes the problem to their work on the rails, then it is likely that the railroad worker is within the time limits. Contact us for a free consultation in case you have questions regarding your FELA claims.

Employers' Negligence

FELA sets out a legal framework for railroad workers to hold negligent employers accountable. Contrary to most other workers who are governed by the system of worker's compensation that has defined benefits, railroad workers can sue employers for the full value of their injuries.

Our lawyers recently won a verdict 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 when working on locomotives. The jury awarded them $16,400,000 in damages.

The railroad claimed that the cancer of the plaintiffs was not connected to their railroad jobs and the lawsuit was not time-barred due to the fact that it was more than three years since they learned that their health problems were due to their railroad work. cancer lawsuits & Murphy lawyers were able to show that the railroad never informed its employees of the dangers of asbestos and diesel exhaust while they were working, and the railroad had no safety procedures in place to protect its workers from harmful chemicals.

Though a worker has three years from the date of their diagnosis to make a FELA lawsuit it is always better to hire an experienced lawyer as soon as is possible. The sooner your lawyer starts collecting witness statements, records and other evidence the greater chance there is of an effective claim.

Causation

In a personal injury action plaintiffs must show that the defendant's actions were accountable for their injuries. This is referred to as legal causation. It is vital that an attorney has a thorough examination of a claim before filing in court.

Railroad workers are exposed chemicals, including carcinogens as well as other pollutants, from diesel exhaust alone. These microscopic particulates penetrate deep into the lung tissue, causing inflammation and damage. Over time, these damage accumulate and result in debilitating conditions like chronic bronchitis and COPD.

One of our FELA cases involves an ex-train conductor who developed chronic obstructive respiratory asthma and other respiratory diseases after a long period of time in cabins with no protection. Additionally, he was diagnosed with back problems that were painful due to his work in pulling, pushing and lifting. Leukemia lawsuit advised him that these problems were the result of decades of exposure to diesel fumes. He claims that this led to the aggravation of all of his other health issues.

cancer lawsuits defended favorable court rulings in trial and a modest federal jury award for our client in this case. The plaintiff argued that the derailment of the train and the subsequent release vinyl chloride into the rail yard affected his physical and mental health because he was afraid his cancer would strike him. The USSC found that the railroad defendant was not at fault for the plaintiff's fear of cancer since the plaintiff had previously renounced his right to sue the railroad defendant in a previous lawsuit.

Damages

If you were injured while working for a railroad company then you could be able to file a claim under the Federal Employers' Liability Act. By filing a lawsuit, you could recover damages for your injuries, including the cost of medical bills and pain and suffering you have endured as a result of your injury. The process is a bit complicated, and you should consult with a train accident lawyer to learn more about your options.

In a case involving railroads, the first step is to establish that the defendant owed an obligation of good-faith to the plaintiff. The plaintiff then has to prove that the defendant breached this obligation by failing to protect the injured person from harm. The plaintiff must then show that the breach of duty by the defendant was the primary cause of their injuries.

For example an employee of a railroad who developed cancer as a result of their work at the railroad has to prove that their employer did not adequately warn them of the dangers associated with their job. They must also prove that their negligence led to their cancer.


In one instance we defended a railroad corporation against a lawsuit filed by a former employee who claimed that his cancer was the result of exposure to asbestos and diesel. We claimed that the plaintiff's claim was time-barred because he executed a prior release in another lawsuit against the same defendant.

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