12 Companies Are Leading The Way In Railroad Lawsuit Aplastic Anemia
How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses like cancer may file a lawsuit in accordance with the Federal Employers' Liability Act. It isn't easy to prove that a health issue is linked to work.
For instance the worker could have signed an agreement when he first settled an asbestos-related claim and then sued for cancer that was allegedly resulting from those exposures.
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In many workers' compensation cases the clock starts in a claim at the moment an injury is reported. FELA laws, however, allow railroad workers to sue for lung disease or cancer long after it has occurred. It is important to make a FELA report as soon after an injury or illness as you can.
Unfortunately, railroads will attempt to dismiss a case by the argument that an employee was not acting within the three-year period of limitations. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.
The first thing to consider is whether the railroad employee had any reason to believe that his or symptoms were related to their job. If the railroad worker is referred to a doctor and the doctor affirms in a conclusive manner that the injuries are work-related the claim isn't time barred.
The second aspect is the length of time before the railroad employee became aware of the symptoms. If the employee has been suffering from breathing problems for a while and attributes the issues to their railroad work It is likely that the railroad employee is within the time limit. If you are concerned about your FELA claim, please set up a a free consultation with our lawyers.
Employers' Negligence
FELA establishes the legal basis for railroad workers to hold negligent employers accountable. Railroad workers are able to sue their employers in full for their injuries, unlike most other workers who are bound to worker's compensation schemes that have fixed benefits.
Our lawyers won an award in a recent FELA case filed by retired Long Island Railroad machinists. They developed COPD, chronic bronchitis, and emphysema due to their asbestos exposure while working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed that the cancer of the plaintiffs was not linked to their jobs on the railroad and that the lawsuit was thrown out because it was more than three years since the plaintiffs discovered that their health issues were linked to their work on the railroad. Our Doran & Murphy lawyers were successful in proving that the railroad was not aware of its employees of asbestos's dangers and diesel exhaust while at work and the railroad did not have safety procedures in place to shield its workers from dangerous chemicals.
Though a worker has up to three years from the date of diagnosis to start a FELA lawsuit it is always better to retain a professional lawyer as soon as possible. The sooner your lawyer starts collecting witness statements, records, and other evidence, the better chance is of winning the case.
Causation
In a personal injury action the plaintiffs must prove that the defendant's actions are at fault for their injuries. This is referred to as legal causation. cancer lawsuit is why it's crucial that an attorney review a claim prior to filing it in the court.
Diesel exhaust alone exposes railroad workers to a myriad of chemicals including carcinogens, pollution and other pollutants. The microscopic particles penetrate deeply into the lung tissue, causing inflammation and damage. As time passes, these damages accumulate and result in debilitating conditions such as chronic lung inflammation and COPD.
One of our FELA cases involves a former train conductor who developed chronic obstructive pulmonary ailments and asthma after a long period of time in cabs without any protection. In addition, he developed back pains that were debilitating as a result of his years of lifting, pushing and pulling. The doctor who treated him said that the problems were caused by the years of exposure to diesel fumes. He claims this exacerbated all of his other health problems.
Our attorneys were able to keep favorable trial court rulings and also a modest 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 both his physical and emotional state and he was concerned that he would get cancer. The USSC found that the defendant railroad was not responsible for the plaintiff's anxiety about cancer, since the plaintiff had previously waived his right to sue the defendant railroad in a previous lawsuit.
Damages
If you've suffered an injury while working for a railroad company then you could be able to file a lawsuit under the Federal Employers' Liability Act. Through this avenue, you could be able to claim damages for your injuries, which could include reimbursement for medical expenses and pain and suffering you have suffered as a result your injury. This process is complicated and you should speak with a train accident attorney to fully understand your options.
In a railroad case the first step is to show the defendant was bound by an obligation of good faith to the plaintiff. The plaintiff has to show that the defendant violated this duty by failing to safeguard the injured person from harm. In addition, the plaintiff must prove that the breach was a direct reason for their injury.
For example, a railroad worker who was diagnosed with cancer as a result of their working for the railroad has to prove that their employer did not adequately warn them of the risks associated with their job. They also must demonstrate that their cancer was directly caused by the negligence of their employer.
In one instance, we defended a railroad against a suit brought by an employee who claimed that his cancer was the result of exposure to diesel and asbestos. We argued that the plaintiff's action was barred by time because he signed a prior release in another lawsuit against the same defendant.