How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who suffer from occupational diseases such as cancer can file a lawsuit under the Federal Employers' Liability Act. However, it can be challenging to prove that the condition is caused by work.
For instance, a worker, may have signed a release after having settled an asbestos claim. He then sued later for cancer that was allegedly caused by exposure to asbestos.
Leukemia lawsuit of Limitations
In a lot of workers' compensation cases, the clock starts to run on a claim the moment an injury is reported. However, FELA laws allow railroad employees to bring a lawsuit in the event of the development of lung disease or cancer, even years after the fact. It is important to file an FELA report as soon after an accident or illness as soon as it is possible.
Unfortunately, railroads will often attempt to get a case dismissed by arguing that the employee failed to act within the three year time limit. To determine when the FELA "clock" begins courts usually look at two Supreme Court decisions.
First, they will consider whether the railroad worker has a reason to believe that the symptoms are related to their work. If the railroad worker goes to a doctor and the physician conclusively states that the injuries are work-related then the claim isn't time-barred.
Another thing to consider is the time since the railroad employee began to notice symptoms. If the railroad employee has been suffering from breathing issues for a long time and attributes the issue to his or her work on the rails, the statute of limitations is likely to apply. Please contact us for a no-cost consultation should you have any questions about your FELA claims.
cancer lawsuit provides railroad workers with a legal basis to hold negligent employers accountable. As opposed to other workers who are bound by the system of worker's compensation that has defined benefits, railroad workers can sue their employers for the full amount of their injuries.
Our lawyers recently won an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered from COPD, chronic bronchitis and Emphysema because of their exposure to asbestos while 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 work on the railroad. They also claimed that the lawsuit was barred due to the fact that it had been three years since they discovered that their health issues were linked to their work at the railroad. Our Doran & Murphy lawyers were successful in proving that the railroad did not inform its employees of the dangers of asbestos or diesel exhaust while at work and the railroad did not have safety procedures in place to protect its employees from hazardous chemicals.
It is best to engage an experienced lawyer when you can even though a person could have up to three years to file a FELA suit from the time they were diagnosed. The sooner our attorney starts collecting witness statements, documents, and other evidence, the better chance is of a successful claim.
Causation
In a personal injury action plaintiffs must prove that the actions of a defendant led to their injuries. This requirement is known as legal causation. It is essential that an attorney thoroughly examines the claim prior to filing it in the court.
Railroad workers are exposed chemicals, including carcinogens and other pollutants, from diesel exhaust on its own. These microscopic particles penetrate deep into lung tissue, causing inflammation and damage. In time, these injuries could lead to debilitating ailments such as chronic bronchitis, or COPD.
One of our FELA cases involves a former conductor who was diagnosed with severe asthma and chronic obstructive lung disease after years of working in train cabs without protection. In addition, he developed back problems that were painful as a result of his work in lifting, pushing and pulling. The doctor who treated him said that the problems were the result of long-term exposure to diesel fumes. He claims that this led to the aggravation of all of his other health problems.
Our lawyers successfully defended favorable court rulings in trial and a comparatively low federal jury award for our client in this case. The plaintiff claimed that the derailment of the train and the subsequent release vinyl chloride into the rail yard affected his physical and emotional state, as he feared it would cause cancer. However the USSC held that the railroad defendant could not be the cause of the fear of getting cancer because he'd previously let go of the possibility of pursuing this claim in a prior lawsuit.
Damages
If you've suffered an injury while working for a railroad it is possible to file a suit under the Federal Employers' Liability Act. With this option, you can seek damages for your injuries, which could include reimbursement for medical expenses as well as for the suffering and pain you've suffered as a result of your injury. The process is a bit complicated and you should speak with a train accident attorney to know your options.
The first step in a railroad lawsuit is to establish that the defendant had a responsibility to the plaintiff of care. The plaintiff must demonstrate that the defendant violated this duty of care by failing to protect them from harm. Finally, the plaintiff must demonstrate that this violation was the direct cause of their injuries.
For instance, a railroad worker who contracted cancer as a result of their work on the railroad must prove that their employer failed to adequately warn them of the dangers that they face in their work. cancer lawsuits must also prove that the negligence caused their cancer.
In one case the railroad company was accused of wrongful conduct by a former employee who claimed that his cancer was caused due to exposure to diesel and asbestos. The plaintiff's lawsuit was not time-barred because the plaintiff had signed a waiver in a previous lawsuit against the defendant.