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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Rail workers suffering from occupational illnesses such as cancer can file a lawsuit in accordance with the Federal Employers' Liability Act. However it can be difficult to prove that the illness is related to work.

For example an employee may have signed an indemnity agreement when he initially settled an asbestos claim and then sued later for cancer that allegedly resulted from exposures.

Statute of Limitations under the FELA

In many workers' compensation cases, the clock starts in a claim at the moment an injury is reported. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease or cancer long after the fact. railroad cancer lawsuit is essential to file an FELA report as early after an injury or illness as you can.

Unfortunately, the railroad will try to dismiss a case by the argument that an employee did not act within the three-year time frame of limitations. To determine when the FELA "clock" starts, courts often look to two Supreme Court decisions.

They must first determine if the railroad employee had any reason to believe that his or symptoms were related to their job. If the railroad employee goes to a doctor, and the doctor is able to prove that the injuries have a connection to work the claim is not time-barred.

The second factor is the length of time between the moment that the railroad worker first became aware of the symptoms. If the employee has been experiencing breathing difficulties for a while and attributes the issues to the railroad work It is likely that the railroad worker is within the time limits. If you have questions about your FELA claim, please schedule an appointment for a no-cost consultation with our lawyers.

Employers' Negligence

FELA gives railroad workers legal grounds to hold negligent employers accountable. In contrast to other workers, who are bound by worker's compensation systems with set benefits, railroad employees are able to sue their employers for the full value of their injuries.

Bladder cancer lawsuit won an award in a FELA lawsuit filed by three retired Long Island Railroad machinists who were diagnosed with COPD, chronic bronchitis and Emphysema because of 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 jobs at railroads and that the lawsuit was barred due to the fact that it was more than three years since they learned that their health issues were related to 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 they were working and that the railroad didn't have safety procedures in place to shield its workers from harmful chemicals.

It is better to hire an experienced lawyer when you can even though a person could have up to three years to make a FELA suit from the time they were diagnosed. The sooner your lawyer starts collecting witness statements, evidence and other evidence the better chance is of the success of a claim.

Causation


In a personal injury action plaintiffs must prove that the actions of the defendant caused their injuries. This is known as legal causation. This is why it's important that an attorney thoroughly study a claim prior to submitting it in court.

Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals that include carcinogens pollutants and other pollutants. These microscopic particles penetrate deep into the lung tissue, causing inflammation as well as damage. As Non-Hodgkin's lymphoma lawsuit , these damage could lead to debilitating ailments such as chronic bronchitis or COPD.

One of our FELA cases involves an ex-train conductor who developed chronic obstructive respiratory illnesses and asthma after spending decades in the cabins, with no protection. He also experienced back pain due to his long hours of pushing and lifting. His doctor told him these issues were the result of decades of exposure to diesel fumes. He believes this caused the onset of all of his other health issues.

Leukemia lawsuit preserved favorable court rulings in trial and a minimal 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 health as well as his emotional state, as he worried about developing cancer. The USSC determined that the defendant railroad did not have any responsibility for the plaintiff's fears of cancer since the plaintiff previously waived his right to sue the defendant railroad in a previous lawsuit.

Damages

If you've 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 be awarded damages for your injuries via this method, which could include the payment of medical bills and pain and suffering. This process is complicated and you should speak with a train accident lawyer to fully understand your options.

In a railroad case the first step is to demonstrate that the defendant had the duty of good faith to the plaintiff. The plaintiff must demonstrate that the defendant violated the duty of care by failing to protect them from injury. The plaintiff should then demonstrate that the defendant's breach of duty was the direct cause of 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 are exposed to. They must also prove that their negligence caused their cancer.

In one instance a railroad company was brought before a former employee who claimed that his cancer was caused through exposure to diesel and asbestos. We argued that the plaintiff's action was time-barred because he executed a prior release in another suit against the same defendant.

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