How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease Railroad employees who suffer from occupational diseases such as cancer are entitled to bring a lawsuit under the Federal Employers' Liability Act. However union pacific railroad lawsuit can be difficult to prove that the condition is caused by work. For example the worker could have signed an agreement to release himself when he settled an asbestos-related claim and then sued for cancer that was allegedly resulting from exposures. FELA Statute of Limitations In many workers' compensation cases the clock begins to run on a claim from when an injury is discovered. However, FELA laws allow railroad employees to file a lawsuit for the formation of lung disease and cancer years after the fact. It is imperative to file a FELA report as early after an injury or illness as is possible. Unfortunately, the railroad will often try to dismiss a case by arguing that the employee failed to comply with the three-year statute of limitations. Courts often use two Supreme Court cases to determine when the FELA clock starts. They first have to determine if the railroad employee had a reason to believe that his or symptoms were related to their job. The claim will not be denied in the event that the railroad employee consults a doctor, and the doctor concludes that the injuries are linked to their work. Another factor to take into consideration is the length of time since the railroad worker began to notice symptoms. If he or she is experiencing breathing difficulties for a number of years and attributes the issue to railroad work It is likely that the railroad worker is within the time limits. If you have questions regarding your FELA claim, you should schedule an appointment with one of our lawyers. Employers' Negligence FELA lays out a legal foundation for railroad workers to hold negligent employers accountable. In contrast to other workers, who are governed to worker's compensation systems that have fixed benefits, railroad employees are allowed to sue their employers for the full value of their injuries. Our attorneys obtained an award in a recent FELA case brought by retired Long Island Railroad machinists. They were diagnosed with COPD chronic bronchitis and emphysema from their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000. The railroad claimed that the plaintiffs' cancer was not related to their work at the railroad and the lawsuit was dismissed due to the fact that it had been three years since they discovered that their health issues were related to their work at the railroad. Our Doran & Murphy lawyers were successful in proving that the railroad never informed its employees of the dangers of asbestos and diesel exhaust while working and that the railroad had no safety procedures in place to safeguard its workers from dangerous chemicals. Although a worker has three years from the date of diagnosis to start a FELA lawsuit it is always better to get a seasoned lawyer as soon as is possible. The earlier our lawyer begins collecting witness statements, records and other evidence the more likely a successful claim can be filed. Causation In a personal injuries action plaintiffs must prove that the defendant's actions are the cause of their injuries. This is referred to as legal causation. It is crucial that an attorney examines the claim prior to filing it in court. Railroad workers are exposed to hundreds of chemicals, including carcinogens and other contaminants, via diesel exhaust on its own. These microscopic particulates penetrate deep into lung tissues, causing inflammation and damage. As time passes, these damage could lead to debilitating ailments like chronic bronchitis and COPD. One of our FELA cases involves an ex-train conductor who developed chronic obstructive lung diseases and asthma after a long period of time in cabins with no protection. He also experienced back pain due to his long hours of lifting and pushing. His doctor informed him that his back problems were a result of years of exposure to diesel fumes which he believes aggravated the other health issues he was suffering from. Leukemia lawsuit defended favorable trial court rulings and a minimal federal jury award for our client in this case. The plaintiff claimed that the derailment of the train and the subsequent release vinyl chloride into the rail yard impacted his physical and emotional state because he was afraid he would get cancer. However the USSC declared that the defendant railroad could not be responsible for the worry that he had about developing cancer because he had previously let go of the possibility of pursuing this kind of claim in a prior lawsuit. Damages If you've suffered an injury while working for a railroad company, you may qualify to file a suit under the Federal Employers' Liability Act. You could receive compensation for your injuries by this route, including reimbursement for medical expenses and pain and suffering. However this process is not easy and you should talk to an attorney who has handled train accidents to know your options. In a railroad dispute, the first step is to prove the defendant owed 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. The plaintiff must then show that the defendant's breach of duty was a direct reason for their injury. A railroad worker who develops cancer due to their job must prove that their employer did not adequately warn them about the dangers they are exposed to. They also must prove that their cancer was directly caused by this negligence. In Leukemia lawsuit , we defended a railroad company against a suit brought by a former employee who claimed that his cancer was caused by exposure to asbestos and diesel. We argued that the plaintiff's claim was barred by time because the plaintiff had signed a consent form in a previous suit against the defendant.
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