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Railroad employees who suffer from occupational diseases like cancer can bring a lawsuit under the Federal Employers' Liability Act. Non-Hodgkin's lymphoma lawsuit isn't easy to prove a disease is linked to work.


For instance, a worker may have signed an indemnity agreement when he initially settled an asbestos claim and then later sued for cancer allegedly resulting from those exposures.

Statute of Limitations under the FELA

In a lot of workers' compensation cases, the clock begins to tick on claims the moment an injury is reported. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease or cancer, even years after the fact. This is why it is so important to get an FELA injury or illness report as quickly as you can.

Sadly, the railroad will attempt to dismiss a case by the argument that an employee did not act within the timeframe of three years of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock begins.

They must first determine if the railroad employee had reason to believe that the symptoms were related to their job. The claim will not be denied if the railroad worker goes to a doctor and the doctor affirms that the injuries are linked to their work.

The second factor is the amount of time between the moment that the railroad worker first began to notice symptoms. If the employee has been experiencing breathing difficulties for several years and ascribes the problem to working on rails, then it is likely that the employee is within the time limit. If you are concerned about your FELA claim, you can schedule a a free consultation with our lawyers.

Employers' Negligence

FELA gives railroad employees legal grounds to hold negligent employers responsible. In contrast to other workers, who are bound by the system of worker's compensation that has pre-determined benefits, railroad workers can sue their employers for the full amount of their injuries.

Our lawyers recently won an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered from 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 cancer of the plaintiffs was not connected to their jobs at railroads and the lawsuit was time-barred because it was over three years since they realized that their health issues were a result of their railroad work. Our Doran & Murphy lawyers were able to show that the railroad didn't inform its employees about the dangers of asbestos or diesel exhaust while at work and the railroad didn't have safety procedures in place to shield its workers from dangerous chemicals.

It is advisable to hire an experienced lawyer as soon as you can even though a worker could have up to three years to file an FELA suit from the date they were diagnosed. The sooner we can get our attorney started gathering witness statements, records, and other evidence, then the better chance there is of a successful claim.

Causation

In a personal injury case plaintiffs must prove that the actions of a defendant led to their injuries. This is known as legal causation. Non-Hodgkin's lymphoma lawsuit is crucial that an attorney has a thorough examination of a claim before filing in the court.

Railroad workers are exposed to a myriad of chemicals, including carcinogens as well as other pollutants, from diesel exhaust by itself. These microscopic particulates penetrate deep into lung tissue, causing inflammation and damage. As time passes, these damage can lead to debilitating conditions such as chronic bronchitis or COPD.

One of our FELA cases involves an ex-train conductor who was diagnosed with chronic obstructive pulmonary asthma and other respiratory diseases after a long period of time in cabins, with no protection. He also developed back problems due to his years of pushing and lifting. His doctor informed him that these problems were caused by the years of exposure to diesel fumes. He claims that this led to the aggravation of all of his health issues.

Our lawyers were able 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 vinyl chloride into the rail yard affected his physical and emotional state, as he feared he would get cancer. The USSC ruled that the defendant railroad did not have any responsibility for the plaintiff's fears of cancer because the plaintiff had previously waived his right to sue the defendant railroad in a previous lawsuit.

Damages

If you've been injured while working for a railroad and you were injured, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. By filing a lawsuit, you could be able to claim damages for your injuries, including the amount you paid for medical bills and the pain and suffering you have endured as a result your injury. This is a complicated process and you should speak an attorney for train accidents to understand your options.

The first step in a railroad lawsuit is to prove that the defendant had a duty to the plaintiff of care. The plaintiff then has to prove that the defendant violated this duty by failing to safeguard the person injured from harm. The plaintiff must then prove that the breach of duty by the defendant was the sole reason for their injury.

A railroad worker who contracts cancer as a result of their work must prove that their employer did not adequately inform them of the dangers they could face. They must also prove that their negligence caused their cancer.

In Non-Hodgkin's lymphoma lawsuit , a railroad company was sued by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. The plaintiff's lawsuit was time-barred, because he had signed a release in a previous suit against the defendant.

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