How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses such as cancer may sue in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the disease is a result of work.
For instance an employee may have signed an indemnity agreement when he initially settled an asbestos lawsuit and then sued for cancer that may have resulted from exposures.
FELA Statute of Limitations
In many workers' compensation cases the clock starts clocking on a claim when an injury is declared. FELA laws permit railroad employees to file a lawsuit for lung disease or cancer years after it has occurred. It is imperative to submit an FELA report as shortly after an accident or illness as soon as it is possible.
Unfortunately, railroads will often try to dismiss a case by arguing that the employee did not act within the three year time frame. cancer lawsuits use two Supreme Court cases to determine when the FELA clock begins.
First, they must consider whether the railroad employee has a reason to believe his or her ailments are related to their job. If the railroad worker is referred to a doctor, and the doctor concludes that the injuries are related to work, the claim is not time barred.
The other factor is the time from the time that the railroad employee first began to notice symptoms. If the railroad employee has suffered from breathing problems for several years, and attributes the problem to his or work on the rails, then the statute of limitations will likely to apply. Contact us for a free consultation should you have any questions about your FELA claims.
Employers' Negligence
FELA gives railroad workers legal grounds to hold negligent employers accountable. Contrary to most other workers who are governed by worker's compensation systems with set benefits, railroad employees are allowed to sue their employers for the full amount of their injuries.
Our attorneys recently secured a verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, chronic bronchitis and Emphysema because of their exposure to asbestos while working on locomotives. Leukemia lawsuit awarded them damages of $16,400,000.
The railroad claimed that the cancer of the plaintiffs wasn't linked to their job on the railroad. They also claimed that the lawsuit was thrown out because it was more than three years since they discovered their health problems were linked to their work at the railroad. 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 worked and did not have safety measures to protect their workers from dangerous chemicals.
Although a worker has up to three years from the date of their diagnosis to submit a FELA lawsuit It is always best to seek out a skilled lawyer as soon as you can. The sooner we can get our attorney started collecting witness statements, documents, and other evidence, the better chance is of a successful claim.
Causation
In a personal injury action plaintiffs must show that the actions of a defendant led to their injuries. This is known as legal causation. It is crucial that an attorney thoroughly examines the claim prior to filing it in court.
Diesel exhaust alone exposes railroad workers to hundreds of chemicals, including carcinogens pollution and other pollutants. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. As time passes, these damages accumulate and result in debilitating conditions such as chronic asthma and COPD.
One of our FELA cases involves a former train conductor who developed chronic obstructive respiratory asthma and other respiratory diseases after spending a long time in cabins, with no protection. Additionally, he developed debilitating back problems as a result of his years of lifting, pushing and pulling. His doctor informed him that these problems were the result of years of exposure to diesel fumes, which he claimed aggravated the other health issues he was suffering from.
Our attorneys were able to preserve 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 the subsequent release vinyl chloride into the rail yard affected both his physical and mental health since he was worried that his cancer would strike him. However the USSC held that the railroad in question could not be responsible for his anxiety about getting cancer because he'd previously released his ability to pursue this claim in a previous lawsuit.
Damages
If you've suffered an injury while working for a railroad company and you were injured, you could be eligible to file a suit under the Federal Employers' Liability Act. You could receive damages for your injuries via this avenue, including compensation for medical bills and pain and suffering. However the process is complicated and you should seek the advice of an attorney who has handled train accidents to understand your options.
The first step in a railroad lawsuit is to demonstrate that the defendant had a duty to the plaintiff of care. The plaintiff must then prove that the defendant breached this obligation by failing to protect the person injured from harm. The plaintiff then has to prove that the defendant's breach of duty was the sole reason for their injuries.
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 demonstrate that their cancer was directly caused by the negligence of their employer.
In cancer lawsuit defended a railroad firm against a lawsuit brought by a former employee who claimed that his cancer was caused by exposure to asbestos and diesel. We argued that plaintiff's lawsuit was barred by time because the plaintiff had signed a consent form in a prior suit against the defendant.