14 Cartoons About Railroad Lawsuit Aplastic Anemia That Will Brighten Your Day

How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Railroad workers who suffer from occupational diseases like cancer have the right to pursue a lawsuit under Federal Employers' Liability Act. It isn't always easy to prove that a condition is related to work.

For example, a worker may have signed an agreement to release himself when he settled an asbestos claim, and then sued later for cancer that allegedly resulted from those exposures.

Statute of Limitations under the FELA

In many workers' comp cases, the clock begins to run on an injury when an injury is discovered. FELA laws permit railroad workers to sue for lung disease or cancer years after it has happened. This is why it is crucial to file an FELA injury or illness report as quickly as you can.

Unfortunately, the railroad will attempt to dismiss a case by the argument that an employee's actions were not within the timeframe of three years of limitations. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.

They will first consider whether the railroad employee had a reason to believe that the symptoms were connected to their job. If the railroad worker is referred to a doctor and the doctor is able to prove that the injuries are due to work then the claim isn't time barred.

The second aspect is the length of time between the moment that the railroad worker first became aware of the symptoms. If the railroad employee has been suffering from breathing issues for a while, and attributes the problem to work on rails, then the statute of limitation is likely to be applicable. If you have concerns regarding your FELA claim, you should schedule an appointment for a no-cost consultation with our lawyers.

Employers' Negligence

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

Our lawyers won an award recently in a FELA case brought by retired Long Island Railroad machinists. They suffered from COPD chronic bronchitis and emphysema as a result 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 wasn't related to their jobs on the railroad. They also claimed that the lawsuit was barred because it was more than three years since they discovered their health problems were linked to their work at the railroad. Our Doran & Murphy lawyers were successful in proving that the railroad was not aware of its employees about asbestos' dangers and diesel exhaust while at work, and that the railroad didn't have safety procedures in place to shield its employees from hazardous chemicals.

It is better to hire an experienced lawyer immediately even though an employee could have up to three years to file a FELA suit from the time they were diagnosed. The earlier our lawyer begins collecting witness statements, documents and other evidence more likely an effective claim can be filed.

Causation

In a personal injury case plaintiffs must show that the actions of a defendant led to their injuries. This is known as legal causation. This is the reason it's important that an attorney take the time to study a claim prior to submitting it in the court.

Railroad workers are exposed chemicals, including carcinogens and other pollutants, through diesel exhaust on its own. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. Over time, these damages accumulate and result in debilitating conditions like chronic asthma and COPD.

One of our FELA cases involves an ex-train conductor who was diagnosed with chronic obstructive pulmonary asthma and other respiratory diseases after spending years in cabins with no protection. Additionally, he was diagnosed with back problems that were painful due to his work in lifting, pushing and pulling. His doctor informed him that these problems were the result of his exposure to diesel fumes, which he claimed aggravated his other health issues.

Our attorneys successfully preserved favorable court rulings on trial and a minimal federal jury verdict for our client in this case. The plaintiff argued that the derailment of the train and the subsequent release of vinyl chloride into the rail yard affected both his physical and mental health since he was worried that it would cause cancer. The USSC determined that the defendant railroad did not have any responsibility for the plaintiff's anxiety about cancer since the plaintiff had previously waived his right to sue the railroad defendant in a prior lawsuit.

Damages

If you have suffered an injury when working on an railroad, you could be able to pursue a lawsuit under the Federal Employers' Liability Act.  railroad workers cancer lawsuit  means that you could be able to claim damages for your injuries, which could include reimbursement for medical expenses as well as the pain and suffering you have endured as a result your injury. The process is a bit complicated and you should speak with a train accident lawyer to fully understand your options.

The first step in a railroad lawsuit is to show that the defendant owed the plaintiff a duty of care. The plaintiff then has to prove that the defendant violated this duty by failing to protect the person injured from injury. The plaintiff then has to prove that the breach of duty by the defendant was the direct cause of their injury.

For example railway workers who developed cancer as a result of their job on the railroad must prove that their employer did not adequately warn them about the risks associated with their job. They must also demonstrate that their cancer was directly caused by the negligence of their employer.

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