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Railroad employees who are suffering from occupational diseases such as cancer have the right to make a claim under the Federal Employers' Liability Act. Bladder cancer lawsuit can be difficult to prove that a disease is connected to work.
For example, a worker may have signed an indemnity agreement when he initially settled an asbestos claim and then later sued for cancer that allegedly resulted from exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock starts to run on a claim as soon as an injury is discovered. FELA laws, however, allow railroad employees to sue for lung disease or cancer for years after the fact. This is why it is crucial to file an FELA injury or illness report as soon as you can.
Sadly, the railroad will try to dismiss a case by saying that the employee's actions were not within the timeframe of three years of limitations. Courts typically use two Supreme Court cases to determine when the FELA clock will begin.
They will first consider whether the railroad employee had reason to believe that their symptoms were related to their job. If the railroad worker is referred to a doctor, and the physician conclusively states that the injuries are work-related the claim is not time barred.
The other aspect is the time from the time that the railroad employee first noticed the symptoms. If the employee has been suffering from breathing problems for a number of years and attributes the problems to the working on rails it is most likely that the employee is within the statute of limitations. If you have concerns about your FELA claim, you can schedule a an appointment for a free consultation with one of our lawyers.
Employers' Negligence
FELA gives railroad workers an legal basis to hold negligent employers responsible. Railroad employees can sue their employers full for their injuries unlike other workers, who are subject to worker's compensation schemes that have fixed benefits.
Our attorneys recently won an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered COPD, chronic bronchitis 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 railroad jobs and the lawsuit was not time-barred due to the fact that it was more than three years since they discovered that their health issues were due to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad didn't inform its employees about asbestos' dangers and diesel exhaust while at work, and that the railroad didn't have safety procedures in place to protect its employees from hazardous chemicals.
While a worker can have up to three years from the date of diagnosis to file a FELA lawsuit, it is always better to seek out a skilled lawyer as soon as is possible. The sooner your lawyer starts collecting witness statements, documents, and other evidence, then the better chance there is of winning the case.
Causation
In a personal injury case plaintiffs must show that the actions of the defendant caused their injuries. This is known as legal causation. This is why it's crucial that an attorney analyze a claim prior filing it in the court.
Railroad workers are exposed chemicals, including carcinogens as well as other contaminants, via diesel exhaust alone. These microscopic particles get into the lung tissues, causing inflammation and damage. As time passes, these damage can lead to debilitating conditions like chronic bronchitis or COPD.
One of our FELA cases is a former conductor who developed 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 issues were the result of long-term exposure to diesel fumes. He believes this caused the onset of all of his other health problems.
Our lawyers were able retain favorable court rulings in trial as well as a modest federal juror award for our client. The plaintiff claimed that the train derailment and the subsequent release of vinyl chloride from the rail yard affected his physical condition and his emotional state, as he feared that he would get cancer. However, cancer lawsuits held that the railroad in question could not be the cause of his anxiety about developing cancer because he had previously waived the right to bring such a claim in a previous lawsuit.
Damages
If you've been injured when working on railways, you could be able to make a claim under the Federal Employers' Liability Act. Leukemia lawsuit could be awarded damages for your injuries through this avenue, including reimbursement for medical expenses and pain and suffering. However this process can be complicated and you should consult a lawyer who handles train accidents to learn more about your options.
union pacific railroad lawsuit in a railroad lawsuit is to demonstrate that the defendant owed the plaintiff a duty of care. The plaintiff then has to prove that the defendant breached this obligation by failing to protect the injured person from harm. The plaintiff must then show that the breach of duty by the defendant was a direct reason for their injury.
For instance an employee of a railroad who contracted cancer due to their work on the railroad must prove that their employer failed to adequately warn them of the dangers associated with their job. They must also prove that the negligence caused their cancer.
In one case one railroad company was brought before a former employee who claimed that his cancer was caused due to exposure to diesel and asbestos. We argued that plaintiff's lawsuit was barred because the plaintiff had signed a consent form in a previous lawsuit against the defendant.