How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational diseases like cancer may file a lawsuit in accordance with the Federal Employers' Liability Act. It isn't easy to prove that a disease is connected to work.
For instance an employee may have signed a release when he first settled an asbestos lawsuit and then sued for cancer that allegedly resulted from exposures.
FELA Statute of Limitations
In many workers' compensation cases, the clock starts clocking on a claim when an injury is documented. However, FELA laws allow railroad employees to file a lawsuit against the growth of lung disease and cancer, even years after the fact. This is why it's so important to get a FELA injury or illness report as quickly as you can.
Sadly, the railroad will attempt to dismiss a case saying that the employee's actions were not within the three-year time frame of limitations. cancer lawsuits rely on two Supreme Court cases to determine when the FELA clock starts.
They will first consider whether the railroad employee had a reason to believe that their symptoms were connected to their job. The claim will not be denied when the railroad worker goes to a doctor and the doctor is able to prove that the injuries were due to their job.
The second factor is the length of time since the railroad employee first noticed the symptoms. If the employee has been experiencing breathing issues for a long time and attributes the problem to the railway work It is likely that the railroad worker is within the time limit. Please contact us for a no-cost consultation in case you have questions about your FELA claims.
Employers' Negligence
FELA establishes the legal basis for railroad employees to ensure that negligent employers are held accountable. In contrast to other workers, who are bound to worker's compensation systems that have set benefits, railroad employees are allowed to sue their employers for the full amount of their injuries.
Our attorneys won a verdict recently in a FELA case brought by retired Long Island Railroad machinists. They suffered from COPD chronic bronchitis and emphysema from their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.
union pacific railroad lawsuit claimed that the plaintiffs' cancer was not related to their work on the railroad, and that the lawsuit was barred because it had been over 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 of asbestos's dangers and diesel exhaust while at work and the railroad had no safety procedures in place to shield its workers from harmful chemicals.
It is advisable to hire an experienced lawyer immediately, even though a worker could have up to three years to make a FELA suit starting from the day they were diagnosed. The earlier our lawyer begins collecting witness statements, records and other evidence the more likely it is that a successful claim will be filed.
Causation
In a personal injuries lawsuit plaintiffs must show that the defendant's actions were at fault for their injuries. This is referred to as legal causation. It is important that an attorney thoroughly examines any claim before submitting it to court.
Diesel exhaust is the only source that exposes railroad workers to a myriad of chemicals, including carcinogens, pollution and other pollutants. These microscopic particulates penetrate deep into lung tissue, causing inflammation and damage. Over time, these damages build up and cause debilitating conditions such as chronic asthma and COPD.
One of our FELA case involves a former train conductor who developed chronic obstructive respiratory diseases and asthma after spending a long time in cabins, with no protection. Also, he developed back issues because of his constant lifting and pushing. His doctor informed him that these back issues were the result of years of exposure to diesel fumes, which he claimed aggravated his other health issues.
Our attorneys successfully preserved favorable trial court rulings as well as a small federal jury verdict for our client in this case. The plaintiff alleged that the train derailment and subsequent release of vinyl chloride from the rail yard impacted his physical condition and also his emotional state, as he feared that he would develop cancer. The USSC determined that the railroad defendant was not responsible for the plaintiff's anxiety about cancer since the plaintiff previously renounced his right to sue the defendant railroad in a prior lawsuit.
Damages
If you've been injured while working for a railroad company, you may qualify to file a lawsuit under the Federal Employers' Liability Act. By filing a lawsuit, you could be able to claim damages for your injuries, which could include the amount you paid for medical bills as well as for the suffering and pain you've suffered as a result your injury. However the process is complicated and you should consult an attorney for train accidents to understand your options.
In a case involving railroads, the first step is to demonstrate that the defendant had the duty of good faith to the plaintiff. Leukemia lawsuit must then show that the defendant violated this duty by failing to protect the injured person from harm. The plaintiff must then show that the breach of duty by the defendant was the primary cause of their injury.
A railroad worker who develops cancer as a result of their work must prove that the employer did not adequately warn them about the dangers they face. They must also prove that the negligence caused their cancer.
In one instance the railroad company was sued by a former worker who claimed that his cancer was caused due to exposure to diesel and asbestos. We asserted that the plaintiff's suit was time-barred because he executed a prior release in another suit against the same defendant.