How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational diseases like cancer may make a claim in accordance with the Federal Employers' Liability Act. It isn't easy to prove that a disease is connected to work.
A worker, for instance might have signed a release after settling an asbestos claim. He later filed a lawsuit for cancer he claimed was resulted from exposure to asbestos.
FELA Statute of Limitations
In many workers' compensation cases, the clock starts ticking on a claim when an injury is documented. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease and cancer, even years after the fact. It is imperative to submit an FELA report as soon after injury or illness as possible.
Unfortunately, railroads will attempt to dismiss a case by arguing that an employee did not act within the timeframe of three years of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock begins.
They will first consider whether the railroad employee had a reason to believe that the symptoms were connected to their job. The claim can be ruled out when the railroad worker goes to a doctor and the doctor states conclusively that the injuries are linked to their work.
The second aspect is the amount of time since the railroad employee first noticed symptoms. If the railroad employee has been having breathing issues for a while and attributes the problem to his or work on rails, then the statute of limitation is likely to be applicable. Please contact us for a no-cost consultation if you have any concerns about your FELA claims.
Employers' Negligence
FELA lays out a legal foundation for railroad workers to bring employers who are negligent to account. Railroad employees can sue their employers full for their injuries in contrast to other workers who are bound to worker's compensation programs with fixed benefits.
Our attorneys obtained the verdict in a FELA case brought by retired Long Island Railroad machinists. They developed COPD, chronic bronchitis, and emphysema from their asbestos exposure while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the cancer of the plaintiffs wasn't related to their jobs on the railroad and that the lawsuit was thrown out because it had been over three years since they discovered their health problems were linked to their work on the railroad. Our Doran & Murphy attorneys were successful in proving that the railroad had never informed its employees about the dangers of diesel exhaust and asbestos while they were working and did not have security measures to shield their workers from harmful chemicals.
Although a worker has up to three years from the date of their diagnosis to submit a FELA lawsuit it is always better to hire an experienced lawyer as soon as possible. The earlier our lawyer begins collecting witness statements, records and other evidence the more likely an effective claim can be made.
Causation
In a personal injuries lawsuit plaintiffs must prove that the defendant's actions are accountable for their injuries. This is referred to as legal causation. It is vital that an attorney has a thorough examination of a claim before filing in court.
Railroad workers are exposed to hundreds of chemicals, including carcinogens as well as other harmful substances, through diesel exhaust by itself. These microscopic particles get into the lung tissues, causing inflammation and damage. Over time, these damages accumulate and result in debilitating conditions such as chronic asthma and COPD.
One of our FELA cases is a former conductor who suffered from debilitating asthma as well as chronic obstructive pulmonary disease after years of working in train cabs without any protection. In addition, he developed back problems that were painful due to his work in lifting, pushing and pulling. His doctor informed him that these problems were the result of years of exposure diesel fumes. He claims this exacerbated the other health problems.
Our attorneys were able to retain favorable court rulings in trial and also 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 impacted his physical health and his emotional state, as he feared that he would develop cancer. However, the USSC determined that the railroad in question was not the sole cause of his fear of getting cancer because he'd previously waived the right to bring this kind of claim in a previous lawsuit.
Damages
If you've suffered an injury while working for a railroad company, you may qualify to file a suit under the Federal Employers' Liability Act. You could be awarded damages for your injuries through this avenue, including the payment of medical bills and pain and suffering. This process is complex, and you should consult with a lawyer for train accidents to learn more about your options.
In a case involving railroads, the first step is to demonstrate that the defendant owed an obligation of good-faith to the plaintiff. The plaintiff must then prove that the defendant breached this obligation by failing in protecting the injured person from injury. In addition, the plaintiff must show that the breach was the primary cause of their injury.
Railroad Cancer Lawsuit Settlements who develops cancer due to their work must prove that their employer failed properly to warn them about the dangers they are exposed to. They must also prove that the negligence led to their cancer.
In one instance the railroad company was accused of wrongful conduct by a former employee who claimed his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's suit was not time-barred because the plaintiff had signed a release in a prior lawsuit against the defendant.