How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational diseases like cancer may sue in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the disease is caused by work.
For instance, a worker, may have signed a waiver after settlement of an asbestos claim. He then sued later for a cancer that was believed to have been caused by the exposures.
Statute of Limitations under the FELA
In many workers' comp cases, the clock begins to tick on the claim when an injury is identified. However, FELA laws allow railroad employees to file a lawsuit for the development of lung disease and cancer long after the fact. railroad workers cancer lawsuit is imperative to submit a FELA report as soon after an injury or illness as you can.
Unfortunately, the railroad will attempt to dismiss a case by the argument that an employee's actions were not within the timeframe of three years of limitations. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.
They will first consider whether the railroad employee had any reason to believe that the symptoms were related to their job. The claim can be ruled out if the railroad worker visits a doctor and the doctor affirms that the injuries are related to their work.
The second factor is the time before the railroad employee noticed symptoms. If the railroad employee has suffered from breathing issues for a long time and attributes the problem to work on the rails then the statute of limitations is likely to apply. Contact us for a no-cost consultation should you have any questions about your FELA claims.
Employers' Negligence
FELA gives railroad workers a legal basis to hold negligent employers accountable. Railroad workers can sue their employers in full for their injuries in contrast to other workers who are bound to worker's compensation programs with fixed benefits.
Our attorneys won an award in a recent FELA case filed by retired Long Island Railroad machinists. They developed COPD, chronic bronchitis, and emphysema as a result of their asbestos exposure while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed the cancer of the plaintiffs was not linked to their railroad jobs and the lawsuit was not time-barred because it was over three years since they discovered that their health problems were due to their railroad work. Our Doran & Murphy attorneys were able show that the railroad never informed its employees about the dangers of asbestos and diesel exhaust while they were working and did not have safety procedures to protect their employees from the dangers of hazardous chemicals.
Although a worker has up to three years from the date of diagnosis to file a FELA lawsuit, it is always better to retain a professional lawyer as soon as possible. The sooner we can get our attorney started gathering witness statements, records, and other evidence, then the better chance there is of winning the case.
Causation
In a personal injury lawsuit plaintiffs must demonstrate that the actions of a defendant caused their injuries. This is known as legal causation. It is important that an attorney examines the claim prior to filing it in 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 deeply into the lung tissue and cause inflammation and damage. Over time, these damages can lead to debilitating conditions like chronic bronchitis or COPD.
One of our FELA cases involves a former conductor who suffered from debilitating asthma as well as chronic obstructive respiratory disease following decades of working in the cabs of trains without any protection. He also experienced back pain because of his constant lifting and pushing. railroad workers cancer lawsuit informed him that these back issues were the result of years of exposure to diesel fumes, which he believes aggravated the other health issues he was suffering from.
Our attorneys successfully preserved favorable court rulings in trial and a comparatively low federal jury award for our client in this case. The plaintiff argued that the derailment of the train and the subsequent release of vinyl chloride into the rail yard impacted his physical and emotional state since he was worried that the possibility of developing cancer. However, the USSC held that the defendant railroad could not be the cause of his fear of developing cancer since he had previously waived the right to bring this kind of claim in a previous lawsuit.
Damages
If you've been injured while working on railways, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. With this option, you can seek damages for your injuries, including compensation for your medical bills as well as for the suffering and pain you've endured as a result your injury. This process is complicated, and you should consult with a lawyer for train accidents to learn more about your options.
The first step in a railroad lawsuit is to demonstrate that the defendant had a responsibility to the plaintiff of care. The plaintiff must then prove that the defendant violated this duty by failing to protect the person injured from injury. The plaintiff then has to prove that the defendant's breach of duty was the sole reason for the injury.
For instance, a railroad worker who developed cancer due to their work on the railroad must prove that their employer did not adequately warn them about the dangers associated with their job. They must also demonstrate that their cancer was directly caused by this negligence.
In one case, we defended a railroad firm against a lawsuit brought by an employee who claimed that his cancer was caused by exposure to asbestos and diesel. We asserted that the plaintiff's suit was barred by time because he signed an earlier release in a separate suit against the same defendant.