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

A worker, for example, may have signed a release following settling an asbestos claim. mesothelioma lawsuit filed a lawsuit for cancer he claimed was caused by those exposures.

Statute of Limitations under the FELA

In many workers' compensation cases, the clock begins to tick on claims as soon as an injury is discovered. FELA laws permit railroad employees to pursue claims for lung disease or cancer years after it has happened. It is essential to make a FELA report as soon after an injury or illness as is possible.

Unfortunately, railroads will try to dismiss a case by saying that the employee was not acting within the three-year statute of limitations. To determine when the FELA "clock" begins courts usually look at two Supreme Court decisions.

First, they will consider whether the railroad employee has reason to know that the symptoms are related to their job. If the railroad worker is referred to a doctor, and the doctor concludes that the injuries are work-related the claim is not time barred.

A second factor to consider is the time that has passed from the time the railroad employee first began to notice signs. If the railroad employee has suffered from breathing issues for a number of years and attributes the issue to his or her work on the rails, then the statute of limitation will likely to apply. Contact us for a no-cost consultation for any concerns regarding your FELA claims.

Employers' Negligence


FELA gives railroad employees legal grounds to hold negligent employers accountable. As opposed to other workers who are bound to worker's compensation systems that have pre-determined benefits, railroad workers can sue their employers for the full amount of their injuries.

Our lawyers recently obtained the verdict in a FELA lawsuit filed 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.

Interstitial lung disease lawsuit claimed that the cancer of the plaintiffs was not connected to their jobs at railroads and the lawsuit was not time-barred because it was over three years since they found out that their health issues were due to their railroad work. mesothelioma lawsuit & Murphy attorneys were successful in proving that the railroad never given its employees any information about the dangers of asbestos and diesel exhaust while they were at work and did not have any safety protocols to protect its employees from the dangers of hazardous chemicals.

While a worker can have three years from the date of their diagnosis to submit a FELA lawsuit it is always better to retain a professional lawyer as soon as you can. The earlier our lawyer starts collecting witness statements, records and other evidence the more likely an effective claim can be filed.

Causation

In a personal injury lawsuit plaintiffs must prove that the actions of the defendant caused their injuries. This is referred to as legal causation. This is why it's important that an attorney take the time to analyze a claim prior filing it in the court.

Diesel exhaust is the only source that exposes railroad workers to a myriad of chemicals, including carcinogens, pollutants, and other pollutants. These microscopic particulates penetrate deep into lung tissues, causing inflammation and damage. Over time, these damage build up and cause debilitating conditions like chronic lung inflammation and COPD.

One of our FELA cases involves an ex-train conductor who developed chronic obstructive pulmonary illnesses and asthma after a long period of time in cabs without any protection. Additionally, he was diagnosed with back pain that was debilitating as a result of his long hours of lifting, pushing and pulling. His doctor told him that these problems were the result of his exposure to diesel fumes, which he believes aggravated his other health issues.

Our attorneys were able to preserve favorable court rulings in trial and a comparatively low federal jury verdict for our client in this case. The plaintiff alleged that the train derailment and the subsequent release of vinyl chloride from the rail yard affected his physical condition as well as his emotional state, as he feared that he would get cancer. The USSC ruled that the defendant railroad was not at fault for the plaintiff's anxiety about cancer since the plaintiff had previously renounced his right sue the railroad defendant in a previous lawsuit.

Damages

If you've suffered an injury while working for a railroad and you were injured, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. You could be awarded damages for your injuries via this route, including reimbursement for medical expenses and pain and suffering. This process is complicated and you should speak with a lawyer for train accidents to fully understand your options.

In a railroad case the first step is to show the defendant was bound by a duty of good faith to the plaintiff. The plaintiff must then show that the defendant breached this duty by failing to protect the person injured from injury. The plaintiff should then demonstrate that the breach of duty by the defendant was the sole reason for their injury.

For Esophageal cancer lawsuit , a railroad worker who contracted cancer due to their working for the railroad has to prove that their employer did not adequately warn them about the dangers that they face in their work. They also must prove that their cancer was directly caused by the negligence of their employer.

In one instance the railroad company was sued by a former worker who claimed his cancer was caused by exposure to diesel and asbestos. We claimed that the plaintiff's claim was time-barred because he executed an earlier release in a separate lawsuit against the same defendant.

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