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

A worker, for instance could have signed a release after the settlement of an asbestos lawsuit. He then sued later for cancer that was allegedly caused by the exposures.

Statute of Limitations under the FELA

In many workers' comp cases, the clock begins to tick on an injury immediately after an injury is documented. However, FELA laws allow railroad employees to file a lawsuit for the growth of lung disease and cancer long after the fact. It is crucial to file an FELA report as soon after injury or illness as possible.

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

In the beginning, they will determine whether the railroad employee has reason to know that his or her ailments are related to work. If the railroad worker is referred to a doctor, and the doctor concludes that the injuries have a connection to work then the claim isn't time-barred.

Non-Hodgkin's lymphoma lawsuit is the length of time before the railroad employee noticed symptoms. If he or she has been experiencing breathing issues for a long time and attributes the problem to working on rails It is likely that the railroad employee is within the time limit. Please contact us for a free consultation should you have any questions regarding your FELA claims.

Employers' Negligence

FELA gives railroad employees an legal basis to hold negligent employers accountable. Railroad workers can sue their employers full for their injuries, unlike most other workers, who are subject to worker's compensation schemes that have fixed benefits.

Our attorneys recently secured the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered from COPD chronic bronchitis, COPD and Emphysema because of their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.

The railroad claimed that the cancer of the plaintiffs was not related to their work on the railroad, and that the lawsuit was dismissed because it had been over three years since they discovered their health problems were linked to their railroad jobs. Our Doran & Murphy lawyers were able to show that the railroad didn't inform its employees about asbestos's dangers and diesel exhaust while they were at work, and that the railroad had no safety procedures in place to protect its employees from the dangers of chemicals.

It is better to hire a lawyer with experience immediately even though a worker may have up to three years to start a FELA lawsuit from the date they were diagnosed. The sooner our attorney begins gathering witness statements, evidence and other evidence and documents, the more likely an effective claim can be made.

Causation


In a personal injuries action, plaintiffs have to prove that the defendant's actions are the cause of their injuries. This is referred to as legal causation. This is why it's important that an attorney thoroughly examine a claim before filing it in the court.

Railroad workers are exposed to a variety of chemicals, including carcinogens as well as other contaminants, via diesel exhaust alone. These microscopic particles get into lung tissue, causing inflammation and damage. Over time, these damages can lead to debilitating illnesses such as chronic bronchitis, or COPD.

One of our FELA case involves an ex-train conductor who developed chronic obstructive lung asthma and other respiratory diseases after a long period of time in cabins, with no protection. He also had back issues due to his years of pushing and lifting. His doctor advised him that these back issues were the result of his exposure to diesel fumes, which he claims exacerbated his health issues.

Bladder cancer lawsuit were able to keep favorable trial court rulings as well as a minimal federal juror award for our client. The plaintiff alleged that the derailment of his train and subsequent release of vinyl chloride from the rail yard affected his physical condition and also his emotional state, as he was worried that he might develop cancer. However, the USSC determined that the railroad in question was not responsible for his anxiety about developing cancer because he had previously let go of the possibility of pursuing the claim in a previous lawsuit.

Damages

If you've suffered an injury while working for a railroad and you were injured, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. This means that you may be able to recover damages for your injuries, which could include the amount you paid for medical bills and pain and suffering you have suffered as a result of your injury. However this process can be complicated and you should seek the advice of an attorney who has handled train accidents to better understand your options.

In a railroad case, the first step is to establish that the defendant was bound by an obligation of good-faith to the plaintiff. The plaintiff has to show that the defendant violated this duty by failing to safeguard the person injured from injury. In addition, the plaintiff must prove that the breach was a direct cause of their injuries.

A railroad worker who develops cancer as a result of their work must prove that the employer failed properly to inform them of the dangers they are exposed to. They must also prove that the negligence caused their cancer.

In one instance the railroad company was accused of wrongful conduct by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. We argued that plaintiff's lawsuit was barred by time because he had signed a release in a prior lawsuit against the defendant.

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