Notes

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Railroad employees who are suffering from occupational diseases like cancer have the right to bring a lawsuit under the Federal Employers' Liability Act. However it can be difficult to prove that the condition is caused by work.

For instance, a worker may have signed an agreement to release himself when he settled an asbestos claim, and later filed a lawsuit 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 the claim the moment an injury is discovered. FELA laws permit railroad employees to file a lawsuit for lung disease or cancer long after it has happened. This is why it's so important to get a FELA injury or illness report as quickly as you can.

Sadly, railroads often try to get a case dismissed by arguing that the employee did not comply with the three-year time limit. To determine when the FELA "clock" starts, courts often look to two Supreme Court decisions.

The first thing they'll consider is whether the railroad employee has a reason to believe that the symptoms are related to their job. The claim is not barred when the railroad worker goes to the doctor and the doctor concludes that the injuries are related to their job.

The second aspect is the time before the railroad employee noticed symptoms. If he or she has been experiencing breathing difficulties for a while and attributes the problems to working on rails It is likely that the railroad worker is within the time limit. If you have concerns about your FELA claim, you can schedule a an appointment for a no-cost consultation with our lawyers.

Employers' Negligence

FELA gives railroad employees legal grounds to hold negligent employers accountable. Railroad employees can sue their employers full for their injuries unlike many other workers who are bound to worker's compensation plans with fixed benefits.

Our lawyers recently obtained an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, chronic bronchitis as well as Emphysema because of their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.


The railroad claimed that the plaintiffs' cancer was not related to their work on the railroad. They also claimed that the lawsuit was not allowed since it had been more than three years since they discovered their health issues were related to their work on the railroad. Our Doran & Murphy lawyers were able to show that the railroad did not inform its employees of asbestos's dangers and diesel exhaust while at work, and that the railroad didn't have safety procedures in place to safeguard its workers from dangerous chemicals.

Though a worker has up to three years from the date of their diagnosis to submit a FELA lawsuit It is always best to hire an experienced lawyer as soon as it is possible. The sooner our attorney starts gathering witness statements, records, and other evidence, then the greater chance is of a successful claim.

Causation

In a personal injury action plaintiffs must demonstrate that the actions of the defendant caused their injuries. This requirement is known as legal causation. This is the reason it's important that an attorney take the time to analyze a claim prior filing it in the court.

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

Kidney cancer lawsuit of our FELA case involves a former train conductor who was diagnosed with chronic obstructive pulmonary ailments 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 years of pulling, pushing and lifting. His doctor told him that these issues were the result of his exposure to diesel fumes, which he claims, aggravated the other health issues he was suffering from.

Our lawyers were able to keep favorable trial court rulings as well as a small federal juror award for our client. The plaintiff claimed that the derailment of his train and subsequent release of vinyl chloride from the rail yard impacted his physical health as well as his mental state, as he was worried about developing cancer. The USSC decided that the defendant railroad was not responsible for the plaintiff's fear of cancer because the plaintiff had previously waived his right to sue the defendant railroad in a prior lawsuit.

Damages

If you've been injured during your employment on the railroad, you could be eligible to bring a lawsuit under the Federal Employers' Liability Act. By filing a lawsuit, you can seek damages for your injuries, including reimbursement for medical expenses and pain and suffering you have endured as a result of your injury. However this process can be complicated and you should speak with an attorney who has handled train accidents to better understand your options.

In a railroad dispute, the first step is to establish that the defendant owed the duty of good faith to the plaintiff. The plaintiff must prove that the defendant violated this duty of care by failing to protect them from harm. The plaintiff should then demonstrate that the breach of duty by the defendant was the primary cause of their injury.

For instance an employee of a railroad who develops cancer due to their working for the railroad has to prove that their employer did not adequately warn them of the dangers associated with their job. They also must demonstrate that their cancer was directly caused by this negligence.

In one instance, a railroad company was sued by a former employee who claimed that his cancer was caused due to exposure to diesel and asbestos. We claimed that the plaintiff's claim was barred because he had signed an earlier release in another suit against the same defendant.

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