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Railroad workers who suffer from occupational diseases, such as cancer, have the right to file a lawsuit under the Federal Employers' Liability Act. However it can be difficult to prove that the disease is work-related.

For instance, a worker might have signed a release after settling an asbestos claim. He later filed a lawsuit for cancer that was allegedly caused by exposure to asbestos.


Statute of Limitations under the FELA

In many workers' compensation cases, the clock begins to run on a claim from when an injury is documented. FELA laws, however, allow railroad employees to file a lawsuit for lung disease or cancer long after it has happened. This is why it is essential to file an FELA injury or illness report as quickly as you can.

Unfortunately, the railroad will often attempt to get a case dismissed by arguing that the employee failed to comply with the three-year limitation period. Courts often rely on two Supreme Court cases to determine when the FELA clock starts.

They first have to determine if the railroad employee had any reason to believe that their symptoms were related to their job. If the railroad employee visits to a doctor and the doctor affirms in a conclusive manner that the injuries are related to work, the claim is not time-barred.

Another factor to take into consideration is the duration of time that has passed since the railroad employee started to notice symptoms. If the employee has been experiencing breathing difficulties for a while and attributes the problem to their working on rails, then it is likely that the railroad employee is within the time limit. If you are concerned regarding your FELA claim, you can schedule a an appointment for a free consultation with one of our lawyers.

Lymphoma lawsuit lays out the legal basis for railroad employees to ensure that negligent employers are held accountable. In contrast to other workers, who are governed by worker's compensation systems with pre-determined benefits, railroad workers can sue their employers for the full value of their injuries.

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

The railroad claimed that the cancer of the plaintiffs was not related to their jobs at railroads and the lawsuit was deemed to be time-barred since it was three years since they realized that their health issues were a result of their railroad work. Lymphoma lawsuit & Murphy lawyers were successful in proving that the railroad didn't inform its employees of asbestos' dangers and diesel exhaust while they were working and that the railroad didn't have safety procedures in place to shield its workers from dangerous chemicals.

Though a worker has up to three years from the date of diagnosis to make a FELA lawsuit however, it is best to hire an experienced lawyer as soon as you can. The earlier our lawyer begins gathering witness statements, records, and other evidence, the greater chance there is of a successful claim.

Causation

In a personal injuries lawsuit, plaintiffs have to prove that the defendant's actions are the cause of their injuries. This is known as legal causation. This is the reason it's important that an attorney thoroughly review a claim prior to filing it in court.

Diesel exhaust is the only source that exposes railroad workers to a myriad of chemicals, including carcinogens, pollution and other pollutants. These microscopic particles get into the lung tissue, causing inflammation as well as damage. Over time, these damages become more severe and lead to conditions like chronic lung inflammation and COPD.

One of our FELA case involves an ex-train conductor who was diagnosed with chronic obstructive pulmonary ailments and asthma after spending years in cabins, with no protection. Additionally, he developed debilitating back problems due to his long hours of lifting, pushing and pulling. The doctor who treated him said that the problems were caused by decades of exposure to diesel fumes. He believes this caused the onset of the other health problems.

Our lawyers were able to retain favorable court rulings in trial as well as a minimal federal juror award for our client. The plaintiff argued that the derailment of the train and the subsequent release of vinyl chloride into the rail yard impacted his physical and mental health, as he feared the possibility of developing cancer. However, the USSC held that the railroad defendant was not responsible for his anxiety about developing cancer because he previously gave up the right to pursue this claim in a previous lawsuit.

Damages

If you've been injured while working for railways, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. Interstitial lung disease lawsuit means that you could recover damages for your injuries, including compensation for your medical bills and the suffering and pain you've suffered as a result your injury. This is a complicated process and you should speak an attorney for train accidents to know your options.

The first step in a railroad lawsuit is to demonstrate that the defendant owed the plaintiff a duty of care. The plaintiff must prove that the defendant violated the duty of care by failing to safeguard them from injury. The plaintiff must then show that the breach of duty by the defendant was the direct cause of their injury.

For instance an employee of a railroad who develops cancer as a result of their work at the railroad has to prove that their employer failed to properly warn them of the risks associated with their job. They must also prove that their negligence caused their cancer.

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

Read More: https://rogers-sullivan.blogbright.net/5-reasons-to-be-an-online-railroad-lawsuit-acute-myeloid-leukemia-and-5-reasons-to-not