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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 difficult to prove that the condition is related to work.

A worker, for instance, may have signed a release after settling an asbestos claim. He later filed a lawsuit for cancer he claimed was caused by the exposures.





Statute of Limitations under the FELA

In many workers' compensation cases the clock begins to run on a claim from when an injury is documented. However, FELA laws allow railroad employees to bring a lawsuit in the event of the formation of lung disease and cancer years after the fact. It is essential to make an FELA report as shortly after an injury or illness as you can.

Sadly, the railroad will attempt to dismiss a case the argument that an employee's actions were not within the three-year period of limitations. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.

First, they must consider whether the railroad employee has a reason to believe that the symptoms are a result of their work. The claim is not void when the railroad employee visits a doctor and the doctor is able to prove that the injuries were due to their job.

The second aspect is the amount of time between the moment that the railroad worker first noticed symptoms. If the railroad employee has suffered from breathing problems for several years, and attributes the problem to his or work on the rails, then the statute of limitation is likely to apply. If you have questions about your FELA claim, you should schedule an appointment for a no-cost consultation with our lawyers.

Employers' Negligence

FELA sets out the legal basis for railroad employees to hold negligent employers accountable. Railroad workers can sue their employers full for injuries suffered unlike other workers who are confined to worker's compensation programs with fixed benefits.

Our lawyers recently won an award in a FELA lawsuit filed by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, COPD and Emphysema due to their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the plaintiffs' cancer was not linked to their jobs at the railroad and the lawsuit was not allowed since it had been more than three years since the plaintiffs discovered their health issues were related to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad didn't inform its employees about asbestos' dangers and diesel exhaust while they were working and that the railroad had no safety procedures in place to safeguard its workers from dangerous chemicals.

Although a person has up to three years from the date of their diagnosis to make a FELA lawsuit It is always best to hire an experienced lawyer as soon as is possible. Interstitial lung disease lawsuit begins collecting witness statements, records and other evidence then the better chance there is of a successful claim.

Causation

In a personal injuries lawsuit, plaintiffs have to prove that the defendant's actions are at fault for their injuries. This requirement is known as legal causation. This is why it's crucial that an attorney examine a claim before filing it in the court.

Railroad workers are exposed to a variety of chemicals, including carcinogens and other contaminants, via diesel exhaust alone. The microscopic particles penetrate deeply into lung tissue, causing inflammation as well as damage. As time passes, these damage could lead to debilitating ailments such as chronic bronchitis or COPD.

One of our FELA case involves a former train conductor who was diagnosed with chronic obstructive pulmonary illnesses and asthma after a long period of time in cabins with no protection. He also had back issues because of his constant lifting and pushing. His doctor told him these issues were the result of long-term exposure to diesel fumes. He claims that this led to the aggravation of the other health issues.

Our lawyers successfully defended favorable trial court rulings and a modest federal jury verdict for our client in this case. The plaintiff argued that the derailment of the train and subsequent release of vinyl chloride into the rail yard impacted his physical and emotional condition since he was worried that his cancer would strike him. However the USSC declared that the defendant railroad could not be responsible for his anxiety about developing cancer because he previously gave up the right to pursue this kind of 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 claim under the Federal Employers' Liability Act. With this option, you can seek damages for your injuries, including the cost of medical bills as well as the pain and suffering you have endured as a result of your injury. This process is complex and you should speak an attorney for train accidents to fully understand your options.

In a railroad dispute, the first step is to establish that the defendant owed an obligation of good faith to the plaintiff. The plaintiff must demonstrate that the defendant violated the duty of care by failing to protect them from injury. The plaintiff should then demonstrate that the breach of duty by the defendant was the primary cause of their injuries.

A railroad worker who contracts cancer due to their job must prove that the employer did not adequately warn them about the risks they face. They also must prove that their cancer was directly caused by the negligence of their employer.

In one instance, we defended a railroad company against a lawsuit filed by an employee who claimed that his cancer was caused by exposure to asbestos and diesel. We asserted that the plaintiff's suit was time-barred because he executed an earlier release in a separate lawsuit against the same defendant.