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Rail workers who suffer from occupational illnesses such as cancer may file a lawsuit in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the condition is a result of work.

For instance, a worker could have signed a waiver after settlement of an asbestos claim. Then, he sued for cancer he claimed was resulted from exposure to asbestos.

FELA Statute of Limitations

In many workers' comp cases, the clock begins to run on an injury immediately after an injury is reported. FELA laws, however, allow railroad workers to sue for lung disease or cancer long after it has happened. This is why it is vital to obtain a FELA injury or illness report as quickly as you can.

Unfortunately, railroads will often try to get a case dismissed by arguing that the employee failed to comply with the three-year time limit. To determine when the FELA "clock" begins courts usually look to two Supreme Court decisions.

They must first determine if the railroad employee had any reason to believe that their symptoms were related to their job. The claim is not barred in the event that the railroad employee visits a doctor and the doctor is able to prove that the injuries were due to their job.

Another factor to take into consideration is the time that has passed since the railroad employee began to notice symptoms. If the employee has been suffering from breathing problems for a while and attributes the problems to working on rails It is likely that the employee is within the time limit. Contact us for a free consultation if you have any concerns about your FELA claims.


Employers' Negligence

FELA lays out an legal foundation for railroad workers to ensure that negligent employers are held accountable. In contrast to other workers, who are governed to worker's compensation systems that have set benefits, railroad employees are allowed to sue their employers for the full value of their injuries.

Our attorneys won a verdict recently in a FELA case filed by retired Long Island Railroad machinists. They developed COPD, chronic bronchitis, and emphysema due to 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 work at the railroad and the lawsuit was not time-barred since it was three years since they discovered that their health issues were related to their railroad work. Our Doran & 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 worked and had no security measures to shield their employees from the dangers of hazardous chemicals.

While a worker can have up to three years from the date of their diagnosis to start a FELA lawsuit, it is always better to hire an experienced lawyer as soon as is possible. The sooner your lawyer starts collecting witness statements, records and other evidence the better chance is of a successful claim.

Causation

In a personal injury action plaintiffs must show that the defendant's actions are accountable for their injuries. This requirement is called legal causation. This is the reason it's crucial that an attorney study a claim prior to submitting it in the court.

Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals that include carcinogens pollutants, and other pollutants. These microscopic particles penetrate deep into lung tissues, causing inflammation and damage. Over time, these damages accumulate and result in debilitating conditions like chronic bronchitis and COPD.

One of our FELA case involves an ex-train conductor who was diagnosed with chronic obstructive pulmonary asthma and other respiratory diseases after spending a long time in cabins, with no protection. Also, he developed back issues due to his long hours of pushing and lifting. His doctor informed him that these back issues were the result of years of exposure to diesel fumes which he claims, aggravated his other 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 argued that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected both his physical and emotional state since he was worried that it would cause cancer. However the USSC determined that the railroad in question could not be the cause of his anxiety about developing cancer because he previously let go of the possibility of pursuing such a claim in a prior lawsuit.

Bladder cancer lawsuit

If you've suffered an injury during your employment on the railroad, you could be eligible to pursue a lawsuit under the Federal Employers' Liability Act. You could be awarded damages for your injuries via this process, including the payment of medical bills and pain and suffering. Bladder cancer lawsuit is complicated and you should speak with a lawyer for train accidents to fully understand your options.

The first step in a railroad lawsuit is to establish that the defendant had a responsibility to the plaintiff of care. The plaintiff must demonstrate that the defendant violated the duty of care by failing to protect them from harm. The plaintiff must then prove that the breach of duty by the defendant was the direct cause of their injury.

For instance, a railroad worker who developed cancer due to their work on the railroad must prove that their employer did not properly warn them of the dangers of their job. They must also prove that their cancer was directly caused by the negligence of their employer.

In one instance a railroad company was sued by a former worker who claimed his cancer was caused through exposure to diesel and asbestos. Bladder cancer lawsuit argued that plaintiff's lawsuit was not time-barred because the plaintiff had signed a consent form in a previous lawsuit against the defendant.

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