How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational illnesses like cancer can file a lawsuit in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the disease is caused by work.
For instance the worker could have signed an agreement to release himself when he settled an asbestos-related claim and then later sued for cancer allegedly resulting from exposures.
FELA Statute of Limitations
In a lot of workers' compensation cases, the clock starts to run on a claim immediately after an injury is documented. FELA laws permit railroad workers to sue for lung diseases or cancer for years after it has happened. This is why it's crucial to file an FELA injury or illness report as quickly as you can.
Unfortunately, the railroad will try to dismiss a case asserting that the employee's actions were not within the three-year period of limitations. To determine when the FELA "clock" begins courts usually look to two Supreme Court decisions.
First, they will consider whether the railroad worker has reason to know that the symptoms are related to work. The claim can be ruled out when the railroad employee visits a doctor and the doctor affirms that the injuries are related to their work.
Another thing to consider is the the time since the railroad worker began to notice signs. If the employee is experiencing breathing difficulties for a number of years and attributes the issues to their railway work it is most likely that the railroad worker is within the time limits. Contact us for a free consultation in case you have questions regarding your FELA claims.
Employers' Negligence
FELA establishes an legal foundation for railroad employees to make employers accountable for their actions. Railroad workers are able to sue their employers in full for their injuries in contrast to other workers, who are subject to worker's compensation plans with fixed benefits.
Our lawyers recently obtained an award 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 damages of $16,400,000.
The railroad claimed that the cancer of the plaintiffs wasn't linked to their job at the railroad and the lawsuit was thrown out because it had been over three years since they discovered that their health issues were related to their railroad jobs. Our Doran & Murphy attorneys were capable of proving that the railroad had never provided its employees with information about the dangers of asbestos and diesel exhaust while they were at work and did not have any safety protocols to protect its workers from harmful chemicals.
Although a worker has three years from the date of their diagnosis to submit a FELA lawsuit It is always best to hire an experienced lawyer as soon as it is possible. The sooner we can have our attorney begin gathering witness statements, evidence and other evidence, the more likely an effective claim can be filed.
Causation
In a personal injury lawsuit the plaintiffs must prove that the defendant's actions are at fault for their injuries. This is known as legal causation. This is why it's so vital that an attorney study a claim prior to submitting it in the court.
railroad lawsuit settlements exposes railroad workers to a myriad of chemicals including carcinogens, pollutants, and other pollutants. These microscopic particulates penetrate deep into lung tissue, causing inflammation as well as damage. In time, these injuries can lead to debilitating conditions such as chronic bronchitis, or COPD.
One of our FELA cases involves an ex-conductor who suffered from debilitating asthma as well as chronic obstructive lung disease after years of working in the cabs of trains without protection. He also experienced back pain due to the years of lifting and pushing. His doctor told him that these issues were the result of his exposure to diesel fumes which he believes aggravated his other health issues.
Our lawyers were able to keep favorable trial court rulings as well as a modest federal juror award for our client. The plaintiff claimed that the derailment of the train and subsequent release of vinyl chloride into the rail yard impacted his physical and emotional state since he was worried that his cancer would strike him. However, the USSC found that the railroad in question was not responsible for his anxiety about developing cancer since he had previously waived the right to bring such a claim in a prior lawsuit.
Damages
If you've suffered an injury while working for a railroad, you may be able to file a lawsuit under the Federal Employers' Liability Act. By filing a lawsuit, you may be able to recover 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 of your injury. This is a complicated process and you should speak with a lawyer for train accidents to fully understand your options.
The first step in a railroad lawsuit is to establish that the defendant owed the plaintiff a duty of care. The plaintiff must demonstrate that the defendant violated the duty of care by failing to protect them from injury. The plaintiff must then show that the breach of duty by the defendant was the primary cause of the injury.
A railroad worker who contracts cancer due to their work must prove that the employer did not adequately inform them of the dangers they face. They also must demonstrate that their cancer was directly caused by this negligence.
In one instance we defended a railroad against a lawsuit filed by a former employee who claimed that his cancer was the result of exposure to diesel and asbestos. We argued that the plaintiff's suit was barred because he had signed a release in a prior lawsuit against the defendant.