Notes

The 10 Most Terrifying Things About Railroad Lawsuit Aplastic Anemia
How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Railroad employees who are suffering from occupational diseases, such as cancer, are entitled to make a claim under the Federal Employers' Liability Act. It isn't always easy to prove that a disease is related to work.

For instance workers may have signed an indemnity agreement when he initially settled an asbestos-related claim and later filed a lawsuit for cancer that may have resulted from exposures.

Statute of Limitations under the FELA

In many workers' compensation cases, the clock begins in a claim at the moment an injury is documented. FELA laws, however, allow railroad employees to sue for lung diseases or cancer long after the incident has occurred. It is imperative to submit an FELA report as soon after an injury or illness as possible.

Sadly, the railroad will attempt to dismiss a case by saying that the employee was not acting within the three-year time frame of limitations. To determine when the FELA "clock" starts courts usually look to two Supreme Court decisions.

They will first consider whether the railroad employee had any reason to believe that his or her symptoms were connected to their job. If the railroad employee visits to a doctor, and the doctor is able to prove that the injuries are due to work the claim isn't time barred.


The other factor is the amount of time from the time that the railroad employee first began to notice symptoms. If the railroad employee has been having breathing issues for a number of years, and attributes the problem to his or work on the rails, the statute of limitation is likely to apply. Contact us for a free consultation in case you have questions regarding your FELA claims.

Employers' Negligence

FELA provides railroad workers with the legal basis to hold negligent employers accountable. Railroad employees can sue their employers full for injuries suffered in contrast to other workers who are tied to worker's compensation plans with fixed benefits.

Our attorneys won an award in a recent FELA case brought by retired Long Island Railroad machinists. They developed 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 railroad work and the lawsuit was deemed to be time-barred because it was over three years since they learned that their health problems were due to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad did not inform its employees about the dangers of asbestos or diesel exhaust while they were at work and the railroad didn't have safety procedures in place to shield its workers from dangerous chemicals.

It is better to hire an experienced lawyer immediately even though an employee could have up to three years to file a FELA suit starting from the day they were diagnosed. The sooner our attorney starts collecting witness statements, documents, and other evidence, the better chance is of winning the case.

Causation

In a personal injuries action the plaintiffs must prove that the defendant's actions are accountable for their injuries. This is referred to as legal causation. It is crucial that an attorney thoroughly examines any claim before submitting it to the court.

Railroad workers are exposed chemicals, including carcinogens as well as other harmful substances, through diesel exhaust by itself. These microscopic particulates penetrate deep into the lung tissue, causing inflammation and damage. As time passes, these damage can cause debilitating conditions like chronic bronchitis or COPD.

One of our FELA cases is an ex-conductor who developed debilitating asthma and chronic obstructive lung disease after many years in the cabs of trains without protection. In acute myeloid leukemia lawsuit , he developed back problems that were painful due to his years of lifting, pushing and pulling. His doctor advised him that these issues were the result of the years of exposure to diesel fumes. He claims that this has aggravated all of his health issues.

Our attorneys were able to preserve favorable trial court rulings as well as a small federal juror award for our client. The plaintiff claimed that the derailment of the train and subsequent release vinyl chloride into the rail yard impacted his physical and emotional state, as he feared the possibility of developing cancer. The USSC determined that the defendant railroad was not at fault for the plaintiff's anxiety about cancer, since the plaintiff had previously waived his right to sue the defendant railroad in a previous lawsuit.

Damages

If you have suffered an injury during your employment on a railroad, you may be able to bring a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries using this avenue, including compensation for medical bills and pain and suffering. However the process is complicated and you should talk to a train accident lawyer to understand your options.

In a railroad dispute, the first step is to demonstrate that the defendant had an obligation of good-faith to the plaintiff. The plaintiff must show that the defendant violated this duty of care by failing to protect them from harm. The plaintiff should then demonstrate that the defendant's breach of duty was the direct cause of the injury.

For example railway workers who contracted cancer as a result of their job on the railroad must prove that their employer did not properly warn them of the dangers that they face in their work. They must also prove that their cancer was directly caused by this negligence.

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

Homepage: https://sites.google.com/view/railroadcancersettlements