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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Railroad employees who are suffering from occupational diseases like cancer can make a claim under the Federal Employers' Liability Act. However it can be difficult to prove that the condition is caused by work.

A worker, railroad workers cancer lawsuit for instance could have signed a release following settlement of an asbestos claim. He then sued later for cancer he claimed was caused by those exposures.

FELA Statute of Limitations

In many workers' compensation cases the clock begins clocking on a claim when an injury is discovered. However, FELA laws allow railroad employees to file lawsuits against union pacific railroad for the formation of lung disease and cancer long after the fact. This is why it is so important to get a FELA injury or illness report as quickly as possible.

Unfortunately, the railroad will often attempt to get a case dismissed by arguing that the employee failed to act within the three-year limitation period. Courts usually rely on two Supreme Court cases to determine when the FELA clock will begin.

They first have to determine if the railroad lawsuits workers cancer lawsuit (sciencewiki.Science) employee had a reason to believe that the symptoms were connected to their job. The claim can be ruled out when the railroad employee visits a doctor and the doctor is able to prove that the injuries are linked to their work.

Another thing to consider is the duration of time that has passed since the railroad employee started to notice symptoms. If the employee has been experiencing breathing issues for a number of years and attributes the issue to his or her working on rails, then it is likely that the railroad employee is within the time limits. If you are concerned about your FELA claim, please schedule an appointment for a no-cost consultation with our lawyers.

Employers' Negligence

FELA gives railroad lawsuits employees the legal basis to hold negligent employers responsible. As opposed to other workers who are governed to worker's compensation systems that have defined benefits, railroad workers are allowed to sue their employers for the full value of their injuries.

Our attorneys won an award in a recent FELA case brought by retired Long Island Railroad machinists. They developed COPD, chronic bronchitis, and emphysema from their asbestos exposure 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 on the railroad, and that the lawsuit was thrown out because it had been over three years since they discovered their health problems were related to their work at the railroad. Our Doran & Murphy attorneys were capable of proving that the railroad did not provided its employees with information about the dangers of diesel exhaust and asbestos when they were working, and did not have security measures to shield their workers from harmful chemicals.

It is better to hire an experienced lawyer immediately even though an employee may have up to three years to file a FELA suit from the time they were diagnosed. The sooner our attorney starts collecting witness statements, evidence, and other evidence, then the greater chance is of the success of a claim.

Causation

In a personal injury lawsuit, plaintiffs must prove that the actions of the defendant caused their injuries. This is referred to as legal causation. This is why it's important that an attorney take the time to study a claim prior to submitting it in court.

Railroad workers are exposed chemicals, including carcinogens as well as other pollutants, from diesel exhaust on its own. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damages build up and cause debilitating conditions like chronic lung inflammation and COPD.

One of our FELA cases involves an ex-train conductor who developed chronic obstructive lung ailments and asthma after spending decades in the cabs without any protection. Also, he developed back issues because of his constant pushing and Railroad Workers Cancer Lawsuit lifting. His doctor told him these issues were the result of the years of exposure to diesel fumes. He claims that this led to the aggravation of all of his other health issues.

Our attorneys were able to preserve favorable trial court rulings as well as a minimal federal juror award for our client. The plaintiff claimed that the train derailment and subsequent release of vinyl chloride from the rail yard impacted his physical health and his emotional state, as he worried that he would get cancer. However, the USSC determined that the defendant railroad was not the sole cause of his anxiety about developing cancer because he had previously waived the right to bring this claim in a previous lawsuit.

Damages

If you've been injured while working for the railroad, you could be eligible to make a claim under the Federal Employers' Liability Act. Through this avenue, you could recover damages for your injuries, including the cost of medical bills and suffering and pain you've endured as a result your injury. However, this process is complex 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 had an obligation of good faith to the plaintiff. The plaintiff must then prove that the defendant violated this obligation by failing to protect the person injured from harm. Finally, the plaintiff must demonstrate that this breach was the direct cause of their injury.

For instance railway workers who developed cancer due to their work on the railroad must prove that their employer failed to adequately warn them of the dangers that they face in their work. They must also prove that their negligence caused their cancer.

In one case a Railroad Cancer Lawsuit Settlements company was sued by a former employee who claimed that his cancer was caused due to exposure to diesel and asbestos. We asserted that the plaintiff's suit was barred due to the fact that he had signed a prior release in another suit lawsuits against union pacific railroad the same defendant.