How to File a railroad class action lawsuit against railroads action lawsuit; Click Webpage, Lawsuit For Chronic Obstructive Pulmonary Disease

railroad lawsuit settlements employees who are suffering from occupational diseases such as cancer can make a claim under the Federal Employers' Liability Act. It can be difficult to prove that a health issue is related to work.

For instance, a worker may have signed an agreement to release himself when he settled an asbestos claim and then sued for railroad class action lawsuit cancer allegedly resulting from those exposures.

FELA Statute of Limitations

In many workers' comp cases, the clock begins to tick on the claim when an injury is discovered. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease or cancer long after the fact. It is imperative to submit a FELA report as soon after an injury or illness as you can.

Unfortunately, railroads will often try to dismiss a case by arguing that the employee did not comply with the three-year limitation period. Courts usually rely on two Supreme Court cases to determine when the FELA clock begins.

They must first determine if the railroad employee had a reason to believe that the symptoms were related to their job. If the railroad employee goes to a doctor, and the physician conclusively states that the injuries are work-related, the claim is not time barred.

Another thing to consider is the time that has passed since the railroad worker began to notice symptoms. If the employee has been experiencing breathing issues for a while and attributes the problem to the working on rails it is most likely that the railroad employee is within the time limit. Contact us for a no-cost consultation in case you have questions regarding your FELA claims.

Employers' Negligence

FELA establishes the legal basis for railroad employees to make employers accountable for their actions. Railroad workers are able to sue their employers in full for their injuries unlike other workers who are tied to worker's compensation programs with fixed benefits.

Our attorneys won a verdict recently in a FELA case brought by retired Long Island Railroad machinists. They developed COPD chronic bronchitis and emphysema as a result of their asbestos exposure when working on locomotives. The jury awarded them $16,400,000 in damages.

The railroad claimed that the plaintiffs' cancer was not connected to their railroad work and the lawsuit was time-barred because it was over three years since they learned that their health problems were related to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad did not inform its employees about asbestos's dangers and diesel exhaust while at work, and that the railroad did not have safety procedures in place to safeguard its workers from harmful chemicals.

Though a worker has up to three years from the date of their diagnosis to make a FELA lawsuit it is always better to seek out a skilled lawyer as soon as is possible. The sooner our attorney begins gathering witness statements, evidence and other evidence more likely it is that an effective claim can be filed.

Causation

In a personal injury action plaintiffs must demonstrate that a defendant's actions caused their injuries. This is referred to as legal causation. It is vital that an attorney carefully examines any claim before submitting it to the court.

Railroad workers are exposed to a myriad of chemicals, including carcinogens as well as other pollutants, through diesel exhaust alone. These microscopic particulates penetrate deep into the lung tissue, causing inflammation and damage. Over time, these damages can lead to debilitating illnesses such as chronic bronchitis, or COPD.

One of our FELA cases involves a former train conductor who developed chronic obstructive pulmonary illnesses and asthma after spending a long time in cabs without any protection. In addition, he developed debilitating back problems due to the years of pulling, pushing and lifting. His doctor told him that these back issues were the result of his exposure to diesel fumes which he claimed aggravated the other health issues he was suffering from.

Our lawyers were able keep favorable trial court rulings as well as a modest federal juror award for our client. The plaintiff claimed that the derailment of the train and subsequent release vinyl chloride into the rail yard affected his physical and emotional condition and he was concerned that his cancer would strike him. However, the USSC determined that the defendant railroad was not the sole 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 were injured while working for a railroad company it is possible to file a suit under the Federal Employers' Liability Act. You could be awarded damages for your injuries through this method, which could include the payment of medical bills and pain and suffering. However the process is complicated and you should speak with a train accident lawyer to know your options.

The first step in a railroad workers cancer lawsuit lawsuit is to establish that the defendant had a duty to the plaintiff of care. The plaintiff must demonstrate that the defendant violated this duty of care by failing to safeguard them from injury. In addition, the plaintiff must demonstrate that this breach was the primary cause of their injury.

For example railway workers who contracted cancer as a result of their working for the railroad has to prove that their employer failed to properly warn them of the risks associated with their job. They must also prove that their negligence led to their cancer.

In one instance a railroad lawsuits company was sued by a former employee who claimed his cancer was caused by exposure to diesel fumes and asbestos. We claimed that the plaintiff's claim was barred due to the fact that he had signed an earlier release in another suit against the same defendant.