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Railroad Cancer Lawsuit Settlements workers who suffer from occupational diseases like cancer are entitled to bring a lawsuit under the Federal Employers' Liability Act. However, it can be challenging to prove that the condition is work-related.

For example an employee may have signed a release when he first settled an asbestos-related claim and later filed a lawsuit for cancer that was allegedly resulting from exposures.

FELA Statute of Limitations

In many workers' compensation cases the clock begins clocking on a claim when an injury is declared. FELA laws permit railroad workers to sue for lung diseases or cancer for years after it has occurred. This is why it's essential to file an FELA injury or illness report as soon as possible.

Unfortunately, railroads will try to dismiss a case saying that the employee was not acting within the three-year time frame of limitations. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.

The first thing they'll consider is whether the railroad worker is aware that his or class action lawsuit against union pacific railroad her ailments are a result of their work. If the railroad worker is referred to a doctor and the doctor is able to prove that the injuries are related to work the claim is not time-barred.

Another aspect to consider is the duration of time since the railroad employee began to notice symptoms. If the railroad employee has been suffering from breathing issues for a while and attributes the problem to his or her work on the rails then the statute of limitation is likely to be applicable. If you have concerns regarding your FELA claim, you can schedule a an appointment for a free consultation with one of our lawyers.

Employers' Negligence

FELA gives Railroad Cancer Lawsuit Settlements workers an legal basis to hold negligent employers accountable. Contrary to most other workers who are governed to worker's compensation systems that have defined benefits, railroad workers can sue employers for the full value of their injuries.

Our attorneys recently won the verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, COPD and Emphysema because of 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 linked to their jobs on the railroad. They also claimed that the class action lawsuit against union pacific railroad was barred due to the fact that it had been three years since they discovered their health problems were linked to their work at the railroad. Our Doran & Murphy lawyers were able to show that the railroad did not inform its employees about the dangers of asbestos and diesel exhaust while at work, and that the railroad had no safety procedures in place to protect its employees from the dangers of chemicals.

It is recommended to hire an experienced lawyer immediately even though a worker could have up to three years to make an FELA suit from the time they were diagnosed. The sooner our attorney begins gathering witness statements, evidence and other evidence the more likely it is that a successful claim can be filed.

Causation

In a personal injury lawsuit, plaintiffs must prove that the actions of a defendant led to their injuries. This is referred to as legal causation. It is crucial that an attorney thoroughly examines any claim before submitting it to the court.

Railroad workers are exposed to hundreds of chemicals, including carcinogens as well as other harmful substances, through diesel exhaust on its own. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. Over time, the damages are accumulated and can cause debilitating conditions like chronic asthma and COPD.

One of our FELA cases involves an ex-train conductor who developed chronic obstructive pulmonary asthma and other respiratory diseases after a long period of time in cabs without any protection. Also, he developed back issues because of his constant lifting and pushing. His doctor informed him that these problems were the result of years of exposure to diesel fumes which he believes aggravated the other health issues he was suffering from.

Our attorneys were able to keep favorable trial court rulings as well as a modest federal juror award for our client. The plaintiff alleged that the train derailment and subsequent release of vinyl chloride from the rail yard affected his physical condition and also his emotional state, as he feared that he would develop cancer. However the USSC held that the railroad in question was not responsible for the fear of developing cancer because he previously released his ability to pursue the claim in a prior lawsuit.

Damages

If you've suffered an injury during your employment on the railroad, you could be eligible to make a claim under the Federal Employers' Liability Act. With this option, you may be able to recover damages for your injuries, which could include the amount you paid for medical bills as well as the pain and suffering you have suffered as a result of your injury. This is a complicated process, and you should consult with a lawyer for train accidents to fully understand your options.

In a railroad case the first step is to show the defendant was bound by a duty of good faith to the plaintiff. The plaintiff must then prove that the defendant violated this duty by failing to protect the injured person from harm. The plaintiff must also prove that the breach was a direct cause of their injuries.

For instance railway workers who was diagnosed with cancer as a result of their work at the railroad has to prove that their employer failed to properly warn them of the dangers of their job. They also must prove that their cancer was directly caused by the negligence of their employer.

In one case the railroad company was sued by a former worker who claimed that his cancer was caused due to exposure to diesel and asbestos. We argued that plaintiff's class action lawsuit against union pacific railroad was barred because the plaintiff had signed a consent form in a prior lawsuit against the defendant.