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How to File a Railroad Lawsuit For railroad Chronic Obstructive Pulmonary Disease

Rail workers suffering from occupational diseases like cancer may sue in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the condition is a result of work.

For instance the worker could have signed an agreement to release himself when he settled an asbestos claim and then sued for cancer that was allegedly resulting from those exposures.

Statute of Limitations under the FELA

In many workers' compensation cases the clock starts to run on a claim from when an injury is reported. However, FELA laws allow railroad lawsuits employees to file a lawsuit against the development of lung disease or cancer years after the fact. This is why it's crucial to file an FELA injury or illness report as soon as possible.

Unfortunately, the railroad will often try to get a case dismissed by arguing that the employee did not comply with the three-year time limit. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.

They must first determine if the railroad employee had reason to believe that his or her symptoms were connected to their job. If the railroad worker goes to a doctor, and the doctor affirms in a conclusive manner that the injuries are work-related the claim is not time barred.

Another thing to consider is the amount of time since the railroad employee started to notice signs. If the employee is experiencing breathing difficulties for several years and ascribes the problems to the working on rails, then it is likely that the railroad employee is within the time limit. If you have concerns about your FELA claim, please set up a a free consultation with our lawyers.

Employers' Negligence

FELA gives union pacific railroad lawsuits employees the legal basis to hold negligent employers accountable. Railroad employees can sue their employers full for their injuries, unlike most other workers who are tied to compensation programs for workers with fixed benefits.

Our lawyers recently obtained the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, COPD and Emphysema because of their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.

The railroad claimed that the plaintiffs' cancer was not related to their work on the railroad. They also claimed that the lawsuit was dismissed because it had been over three years since they discovered their health issues were related to their railroad jobs. Our Doran & Murphy attorneys were successful in proving that the railroad did not given its employees any information about the dangers of asbestos and diesel exhaust while they were working and did not have any safety protocols to protect its workers from dangerous chemicals.

Although a person has three years from the date of diagnosis to file a FELA lawsuit, it is always better to get a seasoned lawyer as soon as is possible. The sooner we can get our attorney started collecting witness statements, evidence and other evidence then the better chance there is of the success of a claim.

Causation

In a personal injury class action lawsuit against railroads plaintiffs must prove that the defendant's actions were accountable for their injuries. This is referred to as legal causation. This is the reason it's crucial that an attorney analyze a claim prior filing it in court.

Railroad workers are exposed to a variety of chemicals, including carcinogens as well as other pollutants, from diesel exhaust on its own. These microscopic particles get into lung tissue, causing inflammation as well as damage. Over time, these damages can lead to debilitating conditions such as chronic bronchitis, or COPD.

One of our FELA case involves a former train conductor who developed chronic obstructive pulmonary asthma and other respiratory diseases after spending decades in the cabins with no protection. He also experienced back pain due to his years of lifting and pushing. His doctor Railroad advised him that these problems were the result of his exposure to diesel fumes which he claims, aggravated the other health issues he was suffering from.

Our attorneys were able to keep favorable trial court rulings as well as a minimal federal juror award for our client. The plaintiff claimed that the derailment of the train and the subsequent release vinyl chloride into the rail yard affected his physical and psychological condition and he was concerned that his cancer would strike him. The USSC determined that the railroad defendant was not at fault for the plaintiff's fears of cancer since the plaintiff previously renounced his right to sue the railroad defendant in a prior lawsuit.

Damages

If you have been injured while working on railways, you could be able to pursue a lawsuit under the Federal Employers' Liability Act. Through this avenue, you may be able to recover damages for your injuries, which could include reimbursement for medical expenses as well as the pain and suffering you have suffered as a result your injury. However the process is complicated and you should consult a train accident lawyer to 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 prove that the defendant violated this duty of care by failing to protect them from harm. Finally, the plaintiff has to show that the breach was the primary cause of their injury.

A railroad worker who develops cancer due to their job must prove that the employer did not adequately warn them about the dangers they could face. They must also prove that the negligence led to their cancer.

In one instance we defended a railroad against a suit brought by a former employee who claimed that his cancer was the result of exposure to asbestos and diesel. We were of the opinion that the plaintiff's lawsuit was barred because he had signed an earlier release in a separate lawsuit against the same defendant.