How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational diseases such as cancer can bring a lawsuit in line with the Federal Employers' Liability Act. It isn't easy to prove that a condition is connected to work.
A worker, for example might have signed a waiver after settling an asbestos claim. He then sued later for cancer that was allegedly caused by exposure to asbestos.
FELA Statute of Limitations
In many workers' compensation cases, the clock begins clocking on a claim the moment an injury is discovered. FELA laws permit railroad employees to sue for lung disease or cancer for years after it has occurred. This is why it's vital to obtain an FELA injury or illness report as quickly as possible.
Unfortunately, the railroad will attempt to dismiss a case asserting that the employee's actions were not within the three-year time frame of limitations. Courts typically use two Supreme Court cases to determine when the FELA clock begins.
They first have to determine if the railroad employee had reason to believe that their symptoms were related to their job. The claim is not void in the event that the railroad employee goes to a doctor and the doctor affirms that the injuries are related to their job.
The second aspect is the time since the railroad employee first noticed symptoms. If he or she has been suffering from breathing problems for a while and attributes the issues to his or her railway work it is most likely that the railroad worker is within the time limits. If you are concerned about your FELA claim, please set up a an appointment with one of our lawyers.
Employers' Negligence
FELA gives railroad workers an legal basis to hold negligent employers responsible. cancer lawsuits can sue their employers full for injuries suffered in contrast to other workers who are tied to worker's compensation plans with fixed benefits.
Our attorneys recently won the verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, chronic bronchitis and Emphysema from their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed the plaintiffs' cancer was not linked to their railroad jobs and the lawsuit was time-barred because it had been more than three years since they learned that their health problems were a result of their railroad work. Our Doran & Murphy attorneys were able show that the railroad did not given its employees any information about the dangers of asbestos and diesel exhaust while they were at work and had no safety procedures to protect their employees from hazardous chemicals.
Though a worker has three years from the date of their diagnosis to submit a FELA lawsuit however, it is best to retain a professional lawyer as soon as you can. The earlier our lawyer begins collecting witness statements, evidence and other evidence the greater chance there is of a successful claim.
Causation
In a personal injury action the plaintiffs must prove that the defendant's actions were accountable for their injuries. This is known as legal causation. It is essential that an attorney thoroughly examines any claim before submitting it to court.
Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals, including carcinogens, pollutants and other pollutants. These microscopic particles penetrate deep into the lung tissues, causing inflammation and damage. As time passes, these damage can cause debilitating conditions such as chronic bronchitis or COPD.
One of our FELA cases involves an ex-conductor who developed debilitating asthma and chronic obstructive respiratory disease following years of working in the cabs of trains without any protection. He also had back issues due to his long hours of lifting and pushing. His doctor advised him that these problems were caused by decades of exposure to diesel fumes. He claims that this led to the aggravation of all of his other health issues.
Our attorneys were able to preserve favorable court rulings in trial as well as a small federal jury verdict for our client in this case. The plaintiff alleged that the train derailment and the subsequent release of vinyl chloride from the rail yard affected his physical condition as well as his mental state, as he worried that he might develop cancer. However the USSC held that the railroad in question was not the sole cause of his fear of getting cancer because he'd previously let go of the possibility of pursuing the claim in a prior lawsuit.
Damages
If you have been injured while working on the railroad, you could be able to bring a lawsuit under the Federal Employers' Liability Act. With this option, you could be able to claim damages for your injuries, which could include the amount you paid for medical bills as well as the suffering and pain you've endured as a result your injury. However the process is complicated and you should seek the advice of a lawyer who handles train accidents to better understand your options.
In a railroad dispute, the first step is to demonstrate that the defendant owed an obligation of good faith to the plaintiff. The plaintiff then has to prove that the defendant breached 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 due to their work must prove that their employer failed properly to inform them of the risks they face. They must also demonstrate that their cancer was directly caused by this negligence.
In one case, a railroad company was sued by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. The plaintiff's lawsuit was not time-barred because the plaintiff had signed a consent form in a prior suit against the defendant.