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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad workers who suffer from occupational illnesses such as cancer are entitled to pursue a lawsuit under Federal Employers' Liability Act. However, it can be challenging to prove that the illness is work-related.
For instance, a worker, may have signed a release following settlement of an asbestos claim. Then, he could sue later for cancer he claimed was resulted from exposure to asbestos.
FELA Statute of Limitations
In many workers' compensation cases, the clock begins in a claim at when an injury is declared. However, FELA laws allow railroad employees to file lawsuits for the growth of lung disease and cancer, even years after the fact. It is essential to make an FELA report as soon after injury or illness as you can.
Unfortunately, the railroad will often try to dismiss a case by arguing that the employee failed to act within the three year time frame. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.
The first thing they'll consider is whether the railroad worker has a reason to believe his or her symptoms are a result of their work. The claim will not be denied in the event that the railroad employee visits a doctor and the doctor affirms that the injuries are linked to their job.
Another thing to consider is the time that has passed since the railroad worker began to notice signs. If cancer lawsuit or she is experiencing breathing difficulties for a while and attributes the problems to their work on the rails It is likely that the railroad employee is within the time limits. If you have questions about your FELA claim, you should schedule a free consultation with our lawyers.
Employers' Negligence
FELA provides railroad workers with an legal basis to hold negligent employers accountable. Unlike most other workers, who are governed to worker's compensation systems that have pre-determined benefits, railroad workers are able to sue their employers for the full value of their injuries.
Our lawyers won a verdict recently in a FELA case brought by retired Long Island Railroad machinists. cancer lawsuits suffered from COPD chronic bronchitis and emphysema from 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 connected to their railroad work and that the lawsuit was barred since it was three years since they found out that their health problems were related to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad didn't inform its employees of the dangers of asbestos and diesel exhaust while they were working and that the railroad did not have safety procedures in place to shield its workers from harmful chemicals.
It is better to hire an experienced lawyer immediately even though a worker may have up to three years to file an FELA suit from the time they were diagnosed. The earlier our lawyer starts collecting witness statements, documents and other evidence the more likely it is that a successful claim can be made.
Causation
In a personal injury lawsuit plaintiffs must prove that the defendant's actions are at fault for their injuries. This requirement is called legal causation. It is crucial that an attorney examines the claim prior to filing it in court.
Diesel exhaust is the only source that exposes railroad workers to a myriad of chemicals, including carcinogens, pollutants and other pollutants. These microscopic particles get into the lung tissue and cause inflammation and damage. Over time, these damages are accumulated and can cause debilitating conditions like chronic bronchitis and COPD.
One of our FELA case involves an ex-train conductor who developed chronic obstructive lung illnesses and asthma after spending a long time in cabs without any protection. Additionally, he was diagnosed with debilitating back problems as a result of his years of pulling, pushing and lifting. His doctor advised him that these problems were a result of the years of exposure to diesel fumes. He believes this caused the onset of all of his health issues.
Our attorneys successfully preserved favorable court rulings on trial as well as a small federal jury verdict for our client in this case. The plaintiff claimed that the train derailment, and subsequent release of vinyl chloride from the rail yard impacted his physical condition as well as his mental state, as he was worried that he would develop cancer. The USSC decided that the railroad defendant was not to blame for the plaintiff's anxiety about cancer since the plaintiff previously waived his right to sue the railroad defendant in a previous lawsuit.
Damages
If you've been injured while working for a railroad company then you could be able to file a claim under the Federal Employers' Liability Act. By filing a lawsuit, you can seek damages for your injuries, which could include reimbursement for medical expenses as well as the pain and suffering you have endured as a result of your injury. The process is a bit complicated and you should speak with a train accident attorney to understand your options.
In Leukemia lawsuit involving railroads, the first step is to show the defendant owed an obligation of good-faith to the plaintiff. The plaintiff must demonstrate that the defendant breached the duty of care by failing to safeguard them from harm. In addition, the plaintiff must demonstrate that this violation was the direct reason for their injury.
A railroad worker who develops cancer as a result of their work must prove that the employer failed properly to warn them of the dangers they are exposed to. They must also 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 by exposure to diesel fumes and asbestos. We claimed that the plaintiff's claim was barred due to the fact that he had signed a prior release in another lawsuit against the same defendant.