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Railroad employees who suffer from occupational diseases like cancer are entitled to bring a lawsuit under the Federal Employers' Liability Act. However it can be difficult to prove that the disease is a result of work.
For instance workers may have signed an agreement when he first settled an asbestos lawsuit and then later sued for cancer that may have resulted from those exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock begins to run on claims as soon as an injury is identified. However, FELA laws allow railroad employees to file a lawsuit against the formation of lung disease and cancer after a long time. It is imperative to submit a FELA report as shortly after an accident or illness as soon as it is possible.
Unfortunately, railroads will often attempt to dismiss a case by arguing that the employee did not act within the three-year time frame. To determine when the FELA "clock" begins courts usually look to two Supreme Court decisions.
They must first determine if the railroad employee had a reason to believe that his or her symptoms were related to their job. If the railroad employee visits to a doctor, and the physician conclusively states that the injuries are work-related the claim is not time-barred.
A second factor to consider is the time from the time the railroad employee first began to notice symptoms. If the railroad employee has been having breathing issues for a number of years and attributes the problem to work on the rails, the statute of limitation will likely to apply. Please contact us for a no-cost consultation if you have any concerns about your FELA claims.
Employers' Negligence
FELA gives railroad employees a legal basis to hold negligent employers responsible. Unlike most other workers, who are bound to worker's compensation systems that have set benefits, railroad employees are allowed to sue their employers for the full value of their injuries.
Our lawyers recently won the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, COPD and Emphysema due to their exposure to asbestos when 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 work at the railroad and the lawsuit was time-barred because it was over three years since they realized that their health issues were related to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad didn't inform its employees of the dangers of asbestos and diesel exhaust while they were at work and the railroad had no safety procedures in place to protect its workers from dangerous chemicals.
It is best to engage a lawyer with experience as soon as you can, even though a worker could have up to three years to submit an FELA suit from the date they were diagnosed. The earlier our lawyer starts gathering witness statements, records and other evidence and documents, the more likely it is that a successful claim will be filed.
Causation
In a personal injuries action plaintiffs must prove that the defendant's actions were responsible for their injuries. This is referred to as legal causation. It is essential that an attorney examines claims prior to filing in court.
Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals that include carcinogens pollution and other pollutants. These microscopic particles get into lung tissues, causing inflammation and damage. As time passes, these damages build up and cause debilitating conditions such as chronic bronchitis and COPD.
One of our FELA cases involves an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive lung disease after decades of working in train cabs without any protection. He also experienced back pain due to his years of lifting and pushing. The doctor who treated him said that the problems were the result of the years of exposure to diesel fumes. He believes this caused the onset of all of his other health issues.
Our lawyers were able retain favorable court rulings in trial as well as a minimal federal juror award for our client. The plaintiff claimed that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected both his physical and psychological condition, as he feared it would cause cancer. Leukemia lawsuit found that the railroad defendant was not to blame for the plaintiff's anxiety about cancer because the plaintiff had already waived his rights to sue the railroad defendant in a previous lawsuit.
Leukemia lawsuit
If you've been injured while working for a railroad company and you were injured, you could be eligible to file a claim under the Federal Employers' Liability Act. With this option, you could be able to claim damages for your injuries, including the cost of medical bills and the suffering and pain you've suffered as a result of your injury. However this process can be complicated and you should seek the advice of an attorney who has handled train accidents to know your options.
In a railroad dispute, the first step is to establish that the defendant was bound by an obligation of good faith to the plaintiff. The plaintiff must demonstrate that the defendant violated this duty of care by failing to protect them from injury. In Pancreatic cancer lawsuit , the plaintiff must show that the violation was the direct cause of their injuries.
For instance a railroad worker who was diagnosed with cancer as a result of their work on the railroad must prove that their employer failed to adequately warn them about the dangers of their job. They must also prove that the negligence caused their cancer.
In one instance the railroad company was sued by a former worker who claimed his cancer was caused through exposure to diesel and asbestos. We were of the opinion that the plaintiff's lawsuit was time-barred because he executed a prior release in another lawsuit against the same defendant.
