How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational diseases such as cancer may sue in accordance with the Federal Employers' Liability Act. However it can be difficult to prove that the condition is work-related.
For example, a worker may have signed an agreement when he first settled an asbestos-related claim and later filed a lawsuit for cancer that allegedly resulted from those exposures.
FELA Statute of Limitations
In many workers' compensation cases, the clock begins to run on a claim from the moment an injury is documented. However, FELA laws allow railroad employees to file a lawsuit for the development of lung disease or cancer, even years after the fact. It is crucial to make an FELA report as soon after an injury or illness as possible.
Unfortunately, the railroad will often try to dismiss a case by arguing that the employee did not comply with the three-year time limit. Courts usually rely on two Supreme Court cases to determine when the FELA clock will begin.
They must first determine if the railroad employee had any reason to believe that his or symptoms were related to their job. The claim is not barred in the event that the railroad employee goes to a doctor and the doctor affirms that the injuries are due to their work.
The other aspect is the time before the railroad employee began to notice symptoms. If the railroad employee has had breathing issues for a number of years and attributes the problem to work on the rails, the statute of limitations will likely to apply. Please contact us for a no-cost consultation for any concerns about your FELA claims.
Employers' Negligence
FELA gives railroad employees the legal basis to hold negligent employers accountable. In contrast to other workers, who are governed by worker's compensation systems with fixed benefits, railroad employees can sue employers for the full amount of their injuries.
Our lawyers recently obtained the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered 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 the plaintiffs' cancer was not linked to their jobs at railroads and the lawsuit was not time-barred since it was three years since they discovered that their health problems were due to their railroad work. Our Doran & Murphy attorneys were capable of proving that the railroad had not given its employees any information about the dangers of diesel exhaust and asbestos while they worked and had no security measures to shield their workers from dangerous chemicals.
It is advisable to hire an experienced lawyer immediately even though a worker could have up to three years to start a FELA suit from the date they were diagnosed. The earlier our lawyer begins 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 show that the actions of a defendant caused their injuries. This requirement is called legal causation. It is important that an attorney has a thorough examination of any claim before submitting it to the court.
Diesel exhaust alone exposes railroad workers to hundreds of chemicals, including carcinogens pollutants, and other pollutants. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. As time passes, these damage can lead to debilitating conditions like chronic bronchitis or COPD.
One of our FELA cases is a former conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease following many years in train cabs without protection. He also developed back problems due to the years of pushing and lifting. His doctor advised him that these issues were the result of his exposure to diesel fumes, which he claimed aggravated his health issues.
Our attorneys successfully preserved favorable court rulings in trial and a minimal federal jury award for our client in this case. The plaintiff claimed that the train derailment and the subsequent release of vinyl chloride from the rail yard impacted his physical health as well as his emotional state, since he was concerned that he might develop cancer. However, the USSC found that the railroad defendant could not be the cause of his fear of developing cancer because he had previously gave up the right to pursue this claim in a prior lawsuit.
Damages
If you have been injured while working for railways, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. This means that you can seek damages for your injuries, including the amount you paid for medical bills as well as the pain and suffering you have suffered as a result of your injury. This process is complicated, and you should consult an attorney for train accidents to fully understand your options.
The first step in a railroad lawsuit is to prove that the defendant was liable to the plaintiff under a duty of care. The plaintiff must show that the defendant breached this duty of care by failing to safeguard them from injury. In addition, the plaintiff must demonstrate that this violation was the direct cause of their injury.
For instance a railroad worker who develops 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 demonstrate that their cancer was directly caused by the negligence of their employer.
In one instance we defended a railroad firm against a suit brought by a former employee who claimed that his cancer was the result of exposure to diesel and asbestos. railroad workers cancer lawsuit argued that the plaintiff's claim was barred because the plaintiff had signed a waiver in a previous lawsuit against the defendant.