How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad workers who suffer from occupational diseases, such as cancer, have the right to file a lawsuit under the Federal Employers' Liability Act. However it can be difficult to prove that the illness is caused by work.
For instance the worker could have signed an agreement to release himself when he settled an asbestos lawsuit and then sued for cancer that may have resulted from exposures.
FELA Statute of Limitations
In many workers' comp cases, the clock starts to run on a claim as soon as an injury is identified. However, FELA laws allow railroad employees to bring a lawsuit in the event of the development of lung disease and cancer, even years after the fact. This is why it's vital to obtain a FELA injury or illness report as soon as possible.
Unfortunately, the railroad will often attempt to get a case dismissed by arguing that the employee failed to act within the three-year time limit. Courts typically use two Supreme Court cases to determine when the FELA clock begins.
They first have to determine if the railroad employee had a reason to believe that the symptoms were related to their job. The claim is not void when the railroad employee goes to a doctor and the doctor is able to prove that the injuries are due to their job.
The other aspect is the length of time between the moment that the railroad worker first became aware of the symptoms. If the railroad employee has been having breathing issues for a number of years, and attributes the problem to his or her work on rails, then the statute of limitations will likely to apply. Contact us for a no-cost consultation if you have any concerns about your FELA claims.
Employers' Negligence
FELA establishes a legal foundation for railroad employees to make employers accountable for their actions. Railroad employees are able to sue their employers in full for their injuries unlike other workers, who are subject to compensation programs for workers with fixed benefits.
Our lawyers recently won the verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, COPD 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 plaintiffs' cancer was not related to their railroad work and the lawsuit was deemed to be time-barred because it was over three years since they realized that their health issues were related to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad did not inform its employees about the dangers of asbestos and diesel exhaust while at work, and that the railroad did not have safety procedures in place to protect its employees from the dangers of chemicals.
While a worker can have up to three years from the date of their diagnosis to make a FELA lawsuit it is always better to hire an experienced lawyer as soon as it is possible. The earlier our lawyer starts collecting witness statements, documents and other evidence, the more likely the claim will be successful. filed.
Causation
In a personal injuries lawsuit plaintiffs must prove that the defendant's actions were at fault for their injuries. This is referred to as legal causation. It is crucial that an attorney has a thorough examination of any claim before submitting it to the court.
Diesel exhaust alone exposes railroad workers to a myriad of chemicals including carcinogens, pollutants, and other pollutants. union pacific railroad lawsuit penetrate deep into the lung tissue, causing inflammation and damage. As time passes, these damages build up and cause debilitating conditions like chronic bronchitis and COPD.
One of our FELA cases involves an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease after decades of working in the cabs of trains without protection. Also, he developed back issues due to his years of pushing and lifting. His doctor informed him that these problems were the result of years of exposure diesel fumes. He claims that this led to the aggravation of all of his other health issues.
Our attorneys successfully preserved favorable court rulings on trial as well as a small federal jury verdict for our client in this case. Leukemia lawsuit argued that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected his physical and mental health because he was afraid it would cause cancer. However the USSC held that the defendant railroad could not be responsible for his fear of developing cancer because he had previously waived the right to bring this kind of claim in a previous lawsuit.
Damages
If you've been injured while working for a railroad company then you could be able to file a claim under the Federal Employers' Liability Act. You could be awarded compensation for your injuries by this process, including reimbursement for medical expenses and pain and suffering. This is a complicated process, and you should consult an attorney for train accidents to understand your options.
The first step in a railroad lawsuit is to show that the defendant was liable to the plaintiff under a duty of care. The plaintiff has to show that the defendant breached this duty by failing to safeguard the person injured from injury. The plaintiff should then demonstrate that the defendant's breach of duty was the primary cause of their injury.
For example an employee of a railroad who developed cancer as a result of their work at the railroad has to prove that their employer failed to adequately warn them about the dangers of their job. They must also prove that their negligence led to their cancer.
In one instance, a railroad company was accused of wrongful conduct by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. We claimed that the plaintiff's claim was barred by time because he signed an earlier release in another suit against the same defendant.