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Railroad workers who suffer from occupational diseases such as cancer have the right to bring a lawsuit under the Federal Employers' Liability Act. It can be difficult to prove a disease is connected to work.
For example workers may have signed an indemnity agreement when he initially settled an asbestos lawsuit and then sued for cancer that was allegedly resulting from exposures.
Statute of Limitations under the FELA
In many workers' comp cases, the clock starts to tick on the claim when an injury is reported. FELA laws, however, allow railroad workers to pursue claims for lung disease or cancer years after the fact. It is important to submit a FELA report as soon after an accident or illness as soon as it is possible.
Unfortunately, the railroad will attempt to dismiss a case by the argument that an employee did not act within the three-year statute of limitations. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.
They will first consider whether the railroad employee had a reason to believe that his or symptoms were related to their job. If the railroad employee visits to a doctor and the doctor concludes that the injuries are related to work then the claim isn't time-barred.
The other aspect is the time from the time that the railroad employee first became aware of the symptoms. If the railroad employee has been having breathing issues for a number of years and attributes the problem to work on the rails then the statute of limitations will likely to apply. Please contact us for a free consultation for any concerns regarding your FELA claims.
Employers' Negligence
FELA gives railroad employees the legal basis to hold negligent employers accountable. Railroad employees can sue their employers full for injuries suffered unlike other workers who are confined to worker's compensation programs with fixed benefits.
Our attorneys won an award in a recent FELA case filed by retired Long Island Railroad machinists. They were diagnosed with COPD chronic bronchitis and emphysema due to their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed the cancer of the plaintiffs was not connected to their railroad work and the lawsuit was time-barred because it was over three years since they found out that their health problems were a result of their railroad work. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees about the dangers of asbestos or diesel exhaust while they were at work, and that the railroad had no safety procedures in place to safeguard its employees from hazardous chemicals.
It is best to engage an experienced lawyer immediately even though a person could have up to three years to start a FELA suit starting from the day they were diagnosed. The earlier our lawyer starts gathering witness statements, evidence and other evidence, the more likely the claim will be successful. filed.
Causation
In a personal injury lawsuit the plaintiffs must prove that the defendant's actions were accountable for their injuries. This is known as legal causation. This is why it's so important that an attorney thoroughly examine a claim before filing it in the court.
union pacific railroad lawsuit are exposed to hundreds of chemicals, including carcinogens and other harmful substances, through diesel exhaust by itself. These microscopic particles penetrate deep into lung tissue, causing inflammation as well as damage. In time, these injuries can cause debilitating conditions such as chronic bronchitis, or COPD.
cancer lawsuits of our FELA cases is an ex-conductor who suffered from debilitating asthma as well as chronic obstructive pulmonary disease after many years in train cabs without any protection. He also developed back problems because of his constant pushing and lifting. His doctor informed him that these problems were the result of years of exposure diesel fumes. He claims this exacerbated the other health issues.
Our lawyers were able to secure favorable trial court rulings and a minimal federal jury award 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, as he feared his cancer would strike him. However the USSC held that the railroad in question was not responsible for the fear of developing cancer because he had previously waived the right to bring this claim in a prior lawsuit.
Damages
If you've suffered an injury while working for a railroad it is possible to file a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries via this process, including the payment of medical bills and pain and suffering. However, this process is complex and you should consult a train accident lawyer to understand your options.
The first step in a railroad lawsuit is to show that the defendant had a responsibility to the plaintiff of care. The plaintiff must then prove that the defendant violated this duty by failing to safeguard the injured person from injury. Finally, Leukemia lawsuit has to demonstrate that this breach was a direct cause of their injury.
A railroad worker who develops cancer as a result of their work must prove that the employer failed properly to inform them of the dangers they face. They also must prove that their cancer was directly caused by the negligence of their employer.
In one case a railroad company was sued by a former worker who claimed that his cancer was caused by exposure to diesel fumes and asbestos. We claimed that the plaintiff's claim was barred by time because he signed a prior release in another lawsuit against the same defendant.