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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Railroad employees who suffer from occupational diseases such as cancer can file a lawsuit under the Federal Employers' Liability Act. However, it can be challenging to prove that the condition is caused by work.

A worker, for instance could have signed a waiver after the settlement of an asbestos lawsuit. He later filed a lawsuit for a cancer that was believed to have been caused by the exposures.

FELA Statute of Limitations

In many workers' compensation cases, the clock begins to tick on claims when an injury is identified. However, FELA laws allow railroad employees to file a lawsuit for the development of lung disease and cancer years after the fact. This is why it is crucial to file an FELA injury or illness report as soon as you can.

Unfortunately, railroads will try to dismiss a case the argument that an employee did not act within the three-year period of limitations. Courts typically use two Supreme Court cases to determine when the FELA clock begins.

First, mesothelioma lung cancer lawsuit will consider whether the railroad worker is aware that the symptoms are related to their job. The claim will not be denied when the railroad worker visits a doctor and the doctor concludes that the injuries are linked to their job.

The second factor is the time between the moment that the railroad worker first became aware of the symptoms. If the railroad employee has had breathing issues for a while and attributes the issue to his or her work on the rails then the statute of limitations is likely to apply. If you have concerns regarding your FELA claim, please set up a an appointment for a no-cost consultation with our lawyers.

Employers' Negligence

FELA sets out a legal foundation for railroad employees to make employers accountable for their actions. In contrast to other workers, who are governed by the system of worker's compensation that has pre-determined benefits, railroad workers can sue employers for the full value of their injuries.

Our attorneys secured an award in a recent FELA case brought by retired Long Island Railroad machinists. They suffered from COPD chronic bronchitis and emphysema due to their exposure to asbestos while working on locomotives. mesothelioma lung cancer lawsuit awarded them $16,400,000 in damages.

The railroad claimed that the cancer of the plaintiffs wasn't linked to their job on the railroad. They also claimed that the lawsuit was thrown out since it had been more than three years since the plaintiffs discovered that their health issues were related to their work at the railroad. Our Doran & Murphy attorneys were successful in proving that the railroad had not given its employees any information about the dangers of diesel exhaust and asbestos while they worked and did not have safety protocols to protect its employees from the dangers of hazardous chemicals.

It is advisable to hire an experienced lawyer as soon as you can even though a person could have up to three years to file an FELA suit from the time they were diagnosed. The earlier our lawyer begins collecting witness statements, records, and other evidence, the greater chance there is of the success of a claim.

Causation

In a personal injury lawsuit plaintiffs must demonstrate that the actions of the defendant caused their injuries. mesothelioma lung cancer lawsuit is known as legal causation. It is crucial that an attorney has a thorough examination of a claim before filing in court.

Railroad workers are exposed to hundreds of chemicals, including carcinogens as well as other harmful substances, through diesel exhaust alone. These microscopic particles penetrate deep into the lung tissue, causing inflammation as well as damage. As time passes, these damages accumulate and result in debilitating conditions such as chronic bronchitis and COPD.

One of our FELA cases is a former conductor who developed debilitating asthma and chronic obstructive pulmonary disease following decades spent in the cabs of trains without protection. Additionally, he was diagnosed with back pains that were debilitating due to his work in pulling, pushing and lifting. His doctor told him that these issues were the result of his exposure to diesel fumes which he claims, aggravated his health issues.

Our attorneys were able to preserve favorable trial court rulings and also a modest federal juror award for our client. The plaintiff alleged that the train derailment and subsequent release of vinyl chloride from the rail yard affected his physical condition as well as his emotional state, as he worried that he would get cancer. However, the USSC found that the railroad in question could not be responsible for the fear of developing cancer because he previously let go of the possibility of pursuing this kind of claim in a previous lawsuit.

Damages

If you've been injured 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 could recover damages for your injuries, including the cost of medical bills and the pain and suffering you have suffered as a result of your injury. However this process is not easy and you should consult a lawyer who handles train accidents to understand your options.





In a railroad case the first step is to show the defendant had an obligation of good faith to the plaintiff. The plaintiff must show that the defendant violated this duty of care by failing to safeguard them from injury. The plaintiff must then show that the defendant's breach of duty was a direct reason for the injury.

A railroad worker who contracts cancer as a result of their work must prove that the employer did not adequately warn them of the dangers they could face. They must also prove that the negligence caused their cancer.

In one case we defended a railroad company against a lawsuit filed by a former employee who claimed that his cancer was the result of exposure to asbestos and diesel. The plaintiff's lawsuit was not time-barred because the plaintiff had signed a consent form in a prior suit against the defendant.