12 Statistics About Railroad Lawsuit Aplastic Anemia To Make You Think Twice About The Water Cooler

How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Railroad employees who suffer from occupational illnesses such as cancer are entitled to make a claim under the Federal Employers' Liability Act.  asbestos lung cancer lawsuit  isn't always easy to prove a disease is related to work.

For example an employee may have signed an agreement when he first settled an asbestos claim and later filed a lawsuit for cancer that allegedly resulted from exposures.

railroad workers cancer lawsuit  of Limitations under the FELA

In many workers' compensation cases, the clock begins to run on an injury immediately after an injury is reported. However, FELA laws allow railroad employees to bring a lawsuit in the event of the growth of lung disease and cancer years after the fact. This is why it's so important to get an FELA injury or illness report as soon as possible.

Unfortunately, railroads will often attempt to get a case dismissed by arguing that the employee did not act within the three-year statute of limitations. To determine when the FELA "clock" begins, courts often look to two Supreme Court decisions.

First, they will consider whether the railroad worker is aware that his or her ailments are related to their job. If the railroad employee goes to a doctor and the doctor is able to prove that the injuries are work-related then the claim isn't time-barred.

The second factor is the length of time since the railroad employee first noticed symptoms. If the employee has been experiencing breathing issues for several years and ascribes the issues to their railway work It is likely that the employee is within the statute of limitations. Please contact us for a free consultation in case you have questions regarding your FELA claims.

Employers' Negligence

FELA sets out a legal framework for railroad employees to hold negligent employers accountable. Contrary to most other workers who are governed by worker's compensation systems with defined benefits, railroad workers can sue their employers for the full value of their injuries.

Colon cancer lawsuit  obtained the verdict in a FELA case filed by retired Long Island Railroad machinists. They were diagnosed with COPD chronic bronchitis and emphysema from their asbestos exposure when working on locomotives. The jury awarded them $16,400,000 in damages.

The railroad claimed that the plaintiffs' cancer wasn't linked to their job on the railroad. They also claimed that the lawsuit was dismissed because it had been over three years since they discovered that their health issues were linked to their work at the railroad. Our Doran & Murphy attorneys were able show that the railroad had not given its employees any information about the dangers of asbestos and diesel exhaust when they were working, and did not have security measures to shield their employees from the dangers of hazardous chemicals.

Though a worker has three years from the date of diagnosis to submit a FELA lawsuit It is always best to seek out a skilled lawyer as soon as is possible. The earlier our lawyer begins gathering witness statements, records and other evidence, the more likely it is that a successful claim will be made.

Causation

In a personal injuries lawsuit plaintiffs must prove that the defendant's actions were at fault for their injuries. This is known as legal causation. It is vital that an attorney has a thorough examination of claims prior to filing in the court.

Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals including carcinogens, pollutants and other contaminants. These microscopic particles get into lung tissue, causing inflammation and damage. Over time, the damages become more severe and lead to conditions such as chronic asthma and COPD.

One of our FELA cases involves a former conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease following decades spent in the cabs of trains without protection. In addition, he developed back pain that was debilitating due to his long hours of lifting, pushing and pulling. The doctor who treated him said that the problems were caused by the years of exposure to diesel fumes. He claims this exacerbated all of his health problems.

Our lawyers were able to secure favorable court rulings on trial and a modest federal jury award 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 his physical and emotional state, as he feared he would get cancer. The USSC determined that the defendant railroad was not responsible for the plaintiff's anxiety about cancer since the plaintiff had already waived his rights to sue the railroad defendant in a previous lawsuit.

Damages

If you were injured while working for a railroad then you could be able to file a suit under the Federal Employers' Liability Act. You could be awarded damages for your injuries using this route, including the payment of medical bills and pain and suffering. However the process is complicated and you should seek the advice of an attorney for train accidents to learn more about your options.

In a railroad case, the first step is to demonstrate that the defendant was bound by an obligation of good faith to the plaintiff. The plaintiff must prove that the defendant breached this duty of care by failing to safeguard them from harm. Finally, the plaintiff must show that the breach was the direct cause of their injury.

For example an employee of a railroad who developed cancer as a result of their work at the railroad has to prove that their employer failed to properly warn them of the dangers associated with their job. They must also prove that their cancer was directly caused by the negligence of their employer.

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