How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses like cancer may bring a lawsuit in line with the Federal Employers' Liability Act. It isn't always easy to prove a disease is connected to work.
For instance workers may have signed an agreement when he first settled an asbestos claim and then later sued for cancer allegedly resulting from those exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock starts in a claim at the moment an injury is declared. FELA laws, however, allow railroad workers to sue for lung diseases or cancer long after it has happened. It is essential to file an FELA report as early after an injury or illness as possible.
Unfortunately, railroads will often attempt to get a case dismissed by arguing that the employee failed to perform the task within the three-year statute of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock starts.
They will first consider whether the railroad employee had a reason to believe that his or her symptoms were connected to their job. If the railroad worker goes to a doctor, and the doctor concludes that the injuries have a connection to work the claim is not time barred.
The second factor is the time before the railroad employee began to notice symptoms. If he or she has been experiencing breathing issues for a long time and attributes the issues to their railway work, then it is likely that the railroad worker is within the statute of limitations. Please contact railroad lawsuit for a no-cost consultation if you have any concerns regarding your FELA claims.
Employers' Negligence
FELA sets out a legal framework for railroad employees to make employers accountable for their actions. Contrary to most other workers who are bound by the system of worker's compensation that has defined benefits, railroad workers are allowed to sue their employers for the full amount of their injuries.
Our attorneys won a verdict recently in a FELA case brought by retired Long Island Railroad machinists. They developed COPD, chronic bronchitis, and emphysema as a result of 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 connected to their railroad jobs and the lawsuit was not time-barred due to the fact that it was more than three years since they found out that their health issues were related to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad didn't inform its employees of asbestos's dangers and diesel exhaust while they were working, and the railroad didn't have safety procedures in place to safeguard its workers from dangerous chemicals.
Although a person has three years from the date of their diagnosis to start a FELA lawsuit it is always better to get a seasoned lawyer as soon as possible. The sooner we can have our attorney begin collecting witness statements, documents and other evidence the more likely an effective claim can be made.
Causation
In a personal injury lawsuit, plaintiffs have to prove that the defendant's actions are responsible for their injuries. This requirement is known as legal causation. This is why it's so crucial that an attorney analyze a claim prior filing it in court.
Railroad workers are exposed chemicals, including carcinogens and other pollutants, from diesel exhaust by itself. These microscopic particulates penetrate deep into lung tissues, causing inflammation and damage. As time passes, these damages become more severe and lead to conditions such as chronic asthma and COPD.
One of our FELA cases involves a former train conductor who developed chronic obstructive lung ailments and asthma after spending years in cabins with no protection. Also, he developed back issues due to the years of lifting and pushing. His doctor told him these problems were the result of years of exposure diesel fumes. He believes this caused the onset of all of his health problems.
Our lawyers were able to preserve favorable trial court rulings as well as a modest federal juror award for our client. The plaintiff argued that the derailment of the train and the subsequent release of vinyl chloride into the rail yard affected both his physical and emotional state, as he feared the possibility of developing cancer. However, the USSC declared that the railroad in question was not responsible for the fear of getting cancer because he'd previously released his ability to pursue such a claim in a prior lawsuit.
Damages
If you have been injured while working on the railroad, you could be eligible to pursue a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries via this method, which could include compensation for medical bills and pain and suffering. This is a complicated process and you should speak with a lawyer for train accidents to understand your options.
In a railroad case the first step is to show the defendant owed an obligation of good-faith to the plaintiff. The plaintiff must then show that the defendant violated this duty by failing to safeguard the injured person from injury. Finally, the plaintiff has to prove that the breach was the direct cause of their injury.
A railroad worker who develops cancer due to their job must prove that their employer did not adequately warn them of the dangers they could face. They 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. We claimed that the plaintiff's claim was time-barred because he executed a prior release in another lawsuit against the same defendant.