How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad workers who suffer from occupational diseases, such as cancer, have the right to bring a lawsuit under the Federal Employers' Liability Act. However, it can be challenging to prove that the disease is work-related.
For instance, a worker, may have signed a release after having settled an asbestos claim. He then sued later for a cancer that was believed to have been caused by exposure to asbestos.
Statute of Limitations under the FELA
In a lot of workers' compensation cases, the clock begins to tick on an injury immediately after an injury is discovered. FELA laws, however, allow railroad workers to sue for lung disease or cancer long after it has occurred. It is important to make a FELA report as early after an injury or illness as you can.
Unfortunately, railroads will often try to dismiss a case by arguing that the employee did not act within the three-year time frame. railroad cancer lawsuit use two Supreme Court cases to determine when the FELA clock starts.
First, they will consider whether the railroad worker is aware that the symptoms are related to work. The claim is not barred in the event that the railroad employee goes to the doctor and the doctor is able to prove that the injuries are related to their job.
Another aspect to consider is the length of time that has passed since the railroad employee began to notice symptoms. If the railroad employee has been suffering from breathing problems for several years, and attributes the problem to work on the rails, the statute of limitation is likely to apply. Contact us for a free consultation for any concerns about your FELA claims.
Employers' Negligence
FELA gives railroad workers an legal basis to hold negligent employers responsible. Railroad employees can sue their employers in full for their injuries in contrast to other workers who are confined to worker's compensation plans with fixed benefits.
Our lawyers recently won the verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, COPD and Emphysema from their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed that the cancer of the plaintiffs was not related to their railroad jobs and the lawsuit was deemed to be time-barred because it had been more than three years since they discovered that their health problems were due to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad never informed its employees about asbestos's dangers and diesel exhaust while they were at work and the railroad did not have safety procedures in place to safeguard its employees from hazardous chemicals.
It is recommended to hire a lawyer with experience immediately even though a person may have up to three years to file a FELA lawsuit from the date they were diagnosed. The sooner your lawyer starts collecting witness statements, documents and other evidence then the better chance there is of a successful claim.
Causation
In a personal injury lawsuit plaintiffs must prove that a defendant's actions caused their injuries. This is known as legal causation. It is crucial that an attorney thoroughly examines the claim prior to filing it in the court.
Railroad workers are exposed to a variety of chemicals, including carcinogens as well as other pollutants, through diesel exhaust on its own. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damage build up and cause debilitating conditions such as chronic bronchitis and COPD.
One of our FELA cases is a former conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease after many years in the cabs of trains without any protection. Additionally, he developed back pain that was debilitating as a result of his long hours of pulling, pushing and lifting. His doctor informed him that these problems were caused by long-term exposure to diesel fumes. He claims this exacerbated the other health problems.
Our attorneys were able to preserve favorable court rulings on trial and a comparatively low federal jury award for our client in this case. The plaintiff alleged that the derailment of his train and subsequent release of vinyl chloride from the rail yard affected his physical health as well as his mental state, as he worried that he might develop cancer. However the USSC determined that the railroad defendant could not be responsible for his fear of getting cancer because he'd previously waived the right to bring such a claim in a previous lawsuit.
Damages
If you have been injured while working for the railroad, you could be eligible to make a claim under the Federal Employers' Liability Act. With this option, you could recover damages for your injuries, which could include the cost of medical bills as well as for the suffering and pain you've suffered as a result of your injury. However this process is not easy and you should consult an attorney who has handled train accidents to know your options.
The first step in a railroad lawsuit is to show that the defendant owed the plaintiff a duty of care. The plaintiff must prove that the defendant violated this duty of care by failing to safeguard them from injury. In addition, the plaintiff must show that the breach was the direct reason for their injury.
A railroad worker who develops cancer due to their work must prove that the employer failed properly to inform them of the dangers they could face. They also must prove that their cancer was directly caused by this negligence.
In one case, we defended a railroad firm against a lawsuit filed by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. We claimed that the plaintiff's claim was barred by time because he signed an earlier release in another suit against the same defendant.