How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who are suffering from occupational diseases like cancer can bring a lawsuit under the Federal Employers' Liability Act. It isn't easy to prove that a disease is linked to work.
For instance workers may have signed an agreement to release himself when he settled an asbestos-related claim and then sued for cancer allegedly resulting from those exposures.
Statute of Limitations under the FELA
In a lot of workers' compensation cases, the clock begins to run on claims immediately after an injury is discovered. However, FELA laws allow railroad employees to file a lawsuit for the formation of lung disease and cancer long after the fact. This is why it is vital to obtain a FELA injury or illness report as soon as possible.
Unfortunately, railroads will try to dismiss a case by asserting that the employee did not act within the three-year time frame of limitations. Courts often use two Supreme Court cases to determine when the FELA clock starts.
First, they must consider whether the railroad worker is aware that the symptoms are related to their job. The claim can be ruled out in the event that the railroad employee visits a doctor and the doctor states conclusively that the injuries are related to their work.
Another thing to consider is the amount of time that has passed since the railroad worker began to notice signs. If Railroad Cancer Lawsuit Settlements has had breathing issues for a long time, 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 in case you have questions about your FELA claims.
Employers' Negligence
FELA lays out an legal foundation for railroad employees to ensure that negligent employers are held accountable. Railroad employees are able to sue their employers in full for injuries suffered unlike many other workers who are tied to worker's compensation schemes that have fixed benefits.
Our lawyers recently obtained a verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, chronic bronchitis as well as Emphysema due to their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the plaintiffs' cancer was not related to their work on the railroad and that the lawsuit was thrown out since it had been more than three years since the plaintiffs discovered their health issues were related to their railroad jobs. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees of the dangers of asbestos and diesel exhaust while at work and the railroad did not have safety procedures in place to protect its employees from hazardous chemicals.
It is better to hire a lawyer with experience as soon as you can even though a person may have up to three years to submit a FELA suit from the date they were diagnosed. The earlier our lawyer begins gathering witness statements, records and other evidence and documents, the more likely it is that the claim will be successful. filed.
Causation
In a personal injury lawsuit, plaintiffs must prove that a defendant's actions caused their injuries. This is known as legal causation. This is why it's crucial that an attorney analyze a claim prior filing it in court.
Railroad workers are exposed to a variety of chemicals, including carcinogens as well as other harmful substances, through diesel exhaust on its own. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damages are accumulated and can cause debilitating conditions such as chronic asthma and COPD.
One of our FELA cases involves a former conductor who suffered from debilitating asthma as well as chronic obstructive pulmonary disease following years of working in train cabs without protection. In addition, he developed debilitating back problems due to his long hours of pulling, pushing and lifting. His doctor told him these problems were caused by decades of exposure to diesel fumes. He believes this caused the onset of the other health issues.
Our lawyers were able keep favorable trial court rulings as well as a minimal 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 psychological condition since he was worried that the possibility of developing cancer. The USSC ruled that the defendant railroad did not have any responsibility for the plaintiff's fears of cancer since the plaintiff had previously waived his right to sue the defendant railroad in a prior lawsuit.
Damages
If you've suffered an injury while working for a railroad, you may qualify to file a claim under the Federal Employers' Liability Act. By filing a lawsuit, you may be able to recover damages for your injuries, which could include the cost of medical bills and suffering and pain you've endured as a result your injury. However this process can be complicated and you should seek the advice of an attorney who has handled train accidents to better understand your options.
The first step in a railroad lawsuit is to prove that the defendant had a duty to the plaintiff of care. The plaintiff must then show that the defendant breached this obligation by failing in protecting the injured person from harm. The plaintiff must also show that the breach was a direct cause of their injuries.
A railroad worker who contracts cancer due to their work must prove that their employer failed properly to warn them of the dangers they could face. They must also prove that their negligence caused their cancer.
In one instance we defended a railroad corporation against a lawsuit filed by an employee who claimed that his cancer was the result of exposure to asbestos and diesel. We argued that the plaintiff's claim was time-barred, because the plaintiff had signed a waiver in a previous suit against the defendant.