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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

blacklands railroad lawsuit workers who suffer from occupational diseases, such as cancer, can bring a lawsuit under the Federal Employers’ Liability Act. It isn’t easy to prove a disease is linked to work.

For instance the worker could have signed an indemnity agreement when he initially settled an asbestos claim and then later sued for cancer that may have resulted from exposures.

FELA Statute of Limitations

In a lot of workers’ compensation cases, the clock starts to run on a claim immediately after an injury is discovered. FELA laws permit railroad cancer lawsuit workers to pursue claims for lung disease or cancer for years after it has happened. This is why it’s vital to obtain an FELA injury or illness report as quickly as possible.

Unfortunately, railroads will attempt to dismiss a case asserting that the employee was not acting within the three-year time frame of limitations. Courts often use two Supreme Court cases to determine when the FELA clock begins.

The first thing they’ll consider is whether the railroad worker is aware that the symptoms are a result of their work. If the railroad employee goes to a doctor and the doctor affirms in a conclusive manner that the injuries have a connection to work then the claim isn’t time barred.

The other aspect is the amount of time before the railroad employee became aware of the symptoms. If the railroad employee has had breathing issues for a while, and attributes the problem to work on the rails, then the statute of limitations is likely to apply. If you are concerned about your FELA claim, please schedule an appointment for csx railroad lawsuit a free consultation with one of our lawyers.

Employers’ Negligence

FELA gives railroad employees the legal basis to hold negligent employers responsible. Contrary to most other workers who are governed by worker’s compensation systems with pre-determined benefits, railroad workers are allowed to sue their employers for the full value of their injuries.

Our lawyers won a verdict recently in a FELA case brought by retired Long Island Railroad machinists. They suffered from 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 that the plaintiffs’ cancer was not related to their work on the railroad, and that the lawsuit was dismissed since it had been more than three years since the plaintiffs discovered that their health issues were related to their railroad work. Our Doran & Murphy attorneys were successful in proving that the railroad never made its employees aware of the dangers of diesel exhaust and asbestos while they worked and did not have any safety measures to protect their workers from dangerous chemicals.

Though a worker has up to three years from the date of their diagnosis to submit a FELA lawsuit however, it is best to seek out a skilled lawyer as soon as it is possible. The sooner we can get our attorney started collecting witness statements, evidence, and other evidence, then the better chance there is of a successful claim.

Causation

In a personal-injury action plaintiffs must demonstrate that a defendant’s actions caused their injuries. This is known as legal causation. It is important that an attorney examines a claim before filing in the court.

Diesel exhaust alone exposes railroad workers to a myriad of chemicals, including carcinogens, pollution and other pollutants. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damage accumulate and result in debilitating conditions like chronic lung inflammation and COPD.

One of our FELA cases involves an ex-train conductor who was diagnosed with chronic obstructive pulmonary diseases and asthma after spending decades in the cabins, with no protection. Additionally, he was diagnosed with back problems that were painful due to the years of lifting, pushing and pulling. His doctor informed him that these back issues were the result of years of exposure to diesel fumes, which he claims, aggravated his other health issues.

Our lawyers successfully defended favorable trial court rulings as well as a small federal jury verdict for our client in this case. The plaintiff argued that the derailment of the train and subsequent release vinyl chloride into the rail yard impacted his physical and psychological condition because he was afraid the possibility of developing cancer. The USSC decided that the csx railroad lawsuit, users.atw.hu, defendant was not responsible for the plaintiff’s anxiety about cancer because the plaintiff had previously renounced his right sue the defendant railroad in a previous lawsuit.

Damages

If you have been injured when working on the railroad, you could be eligible to file a lawsuit under the Federal Employers’ Liability Act. With this option, you can seek damages for your injuries, including the cost of medical bills as well as the pain and suffering you have endured as a result of your injury. The process is a bit complicated, and you should consult with a train accident lawyer to know your options.

The first step in a railroad lawsuit is to demonstrate that the defendant was liable to the plaintiff under a duty of care. The plaintiff must demonstrate that the defendant breached this duty of care by failing to safeguard them from injury. In addition, the plaintiff must prove that the violation was the direct cause of their injury.

For example railway workers who was diagnosed with cancer due to their work on the railroad must prove that their employer did not properly warn them of the dangers of their job. They also must prove that their cancer was directly caused by this negligence.

In one case the railroad company was sued by a former employee who claimed his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff’s class action lawsuit against railroads was barred due to the fact that he had signed a prior release in another suit against the same defendant.