Railroad lung disease lawyers Rick Shapiro and Randy Appleton discuss whether the lack of an accident report will prohibit an employee from filing a lung disease FELA claim against a railroad. Rick explains that the lack of an accident report is an obstacle, but not a complete hindrance from pursuing a claim under the FELA. In fact, under the FELA, an accident report is not necessary to file a claim. The key is to determine when a doctor told the railroad employee about the lung cancer and when it was reasonable to determine that the cancer was caused by exposure to toxic substances that the worker was exposed to while on the job.
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