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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Railroad employees who are suffering from occupational diseases, such as cancer, can file a lawsuit under the Federal Employers' Liability Act. It isn't always easy to prove that a health issue is related to work.

For instance, a worker could have signed a waiver after having settled an asbestos claim. He later filed a lawsuit for a cancer that was believed to have been resulted from exposure to asbestos.

Statute of Limitations under the FELA

In a lot of workers' compensation cases, the clock starts to run on claims the moment an injury is reported. FELA laws permit railroad workers to file a lawsuit for lung disease or cancer for years after the incident has occurred. It is important to file a FELA report as soon after injury or illness as possible.

Sadly, the railroad will attempt to dismiss a case arguing that an employee was not acting within the timeframe of three years of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock starts.

The first thing to consider is whether the railroad employee had any reason to believe that his or her symptoms were related to their job. The claim is not void when the railroad employee visits a doctor and the doctor states conclusively that the injuries are related to their work.


The other aspect is the amount of time before the railroad employee began to notice symptoms. If the employee is experiencing breathing difficulties for several years and ascribes the issues to the railroad work it is most likely that the employee is within the statute of limitations. Please contact acute myeloid leukemia lawsuit for a no-cost consultation if you have any concerns about your FELA claims.

Employers' Negligence

FELA establishes a legal foundation for railroad employees to ensure that negligent employers are held accountable. Contrary to most other workers who are governed by compensation systems for workers with set benefits, railroad employees can sue their employers for the full value of their injuries.

lung cancer lawsuit from smoking won a verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who were diagnosed with COPD, chronic bronchitis and Emphysema from their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the plaintiffs' cancer was not connected to their work at the railroad and the lawsuit was time-barred since it was three years since they learned that their health issues were due to their railroad work. pulmonary fibrosis lawsuit & Murphy attorneys were able show that the railroad never informed its employees about the dangers of asbestos and diesel exhaust when they were working, and did not have any safety procedures to protect their employees from hazardous chemicals.

It is advisable to hire a lawyer with experience when you can, even though a worker may have up to three years to make an FELA suit from the time they were diagnosed. The sooner our attorney starts collecting witness statements, evidence, and other evidence, the greater chance there is of the success of a claim.

Causation

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

Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals, including carcinogens pollutants and other contaminants. These microscopic particles get into the lung tissue, causing inflammation as well as damage. In time, these injuries can cause debilitating conditions such as chronic bronchitis or COPD.

One of our FELA cases involves a former train conductor who developed chronic obstructive pulmonary diseases and asthma after spending years in cabins, with no protection. Additionally, he developed back pains that were debilitating as a result of the years of pulling, pushing and lifting. The doctor who treated him said that the issues were the result of long-term exposure to diesel fumes. He claims that this has aggravated the other health issues.

Our lawyers were able preserve favorable trial court rulings and also a modest federal juror award for our client. The plaintiff claimed that the train derailment and subsequent release of vinyl chloride from the rail yard affected his physical health as well as his emotional state, since he was concerned that he would get cancer. However the USSC held that the railroad defendant could not be the cause of the fear of developing cancer because he previously waived the right to bring such a claim in a previous lawsuit.

Damages

If you've been injured when working on the railroad, you could be eligible to pursue a lawsuit under the Federal Employers' Liability Act. By filing a lawsuit, you could be able to claim damages for your injuries, which could include the cost of medical bills and the suffering and pain you've endured as a result of your injury. This process is complicated, and you should consult an attorney for train accidents to know your options.

In a railroad case, the first step is to prove the defendant owed the duty of good faith to the plaintiff. The plaintiff must show that the defendant breached this duty of care by failing to safeguard them from injury. In addition, the plaintiff must prove that the breach was the primary cause of their injuries.

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

In one case we defended a railroad against a suit brought by an employee who claimed that his cancer was the result of exposure to diesel and asbestos. We argued that the plaintiff's suit was not time-barred because the plaintiff had signed a consent form in a previous suit against the defendant.

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