How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational diseases like cancer may file a lawsuit in accordance with the Federal Employers' Liability Act. However it can be difficult to prove that the disease is related to work.
For instance, a worker may have signed an agreement when he first settled an asbestos claim, and then later sued for cancer allegedly resulting from exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock begins to run on a claim from the moment an injury is reported. FELA laws permit railroad employees to pursue claims for lung disease or cancer long after the incident has occurred. This is why it's so important to get a FELA injury or illness report as quickly as possible.
Unfortunately, the railroad will attempt to dismiss a case the argument that an employee did not act within the timeframe of three years of limitations. Courts typically use two Supreme Court cases to determine when the FELA clock will begin.
First, they will consider whether the railroad worker has reason to know that the symptoms are related to work. If the railroad worker goes to a doctor, and the physician conclusively states that the injuries are due to work, the claim is not time barred.
Another factor to take into consideration is the amount of the time since the railroad worker began to notice signs. If the railroad employee has had breathing problems for several years and attributes the issue to work on the rails, then the statute of limitation is likely to be applicable. Contact us for a free consultation should you have any questions about your FELA claims.
Employers' Negligence
FELA gives railroad employees the legal basis to hold negligent employers accountable. As opposed to other workers who are bound to worker's compensation systems that have pre-determined benefits, railroad workers can sue employers for the full value of their injuries.
Our attorneys recently secured an award in a FELA lawsuit filed by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, COPD and emphysema as a result of their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed the plaintiffs' cancer was not related to their work at the railroad and the lawsuit was deemed to be time-barred because it was over three years since they found out that their health problems were a result of their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad was not aware of its employees about the dangers of asbestos and diesel exhaust while they were working, and the railroad did not have safety procedures in place to protect its employees from hazardous chemicals.
It is recommended to hire a lawyer with experience as soon as you can, even though a worker may have up to three years to start a FELA suit starting from the day they were diagnosed. The sooner your lawyer starts gathering witness statements, records and other evidence the greater chance there is of the success of a claim.
Causation
In a personal injury action plaintiffs must show that the defendant's actions were at fault for their injuries. This is known as legal causation. This is why it's so vital that an attorney review a claim prior to filing it in court.
Railroad workers are exposed to a variety of chemicals, including carcinogens as well as other pollutants, from diesel exhaust by itself. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. As time passes, these damage can lead to debilitating conditions like chronic bronchitis and COPD.
One of our FELA cases is an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive lung disease after many years in the cabs of trains without protection. He also experienced back pain due to the years of lifting and pushing. union pacific railroad lawsuit advised him that these problems were the result of years of exposure diesel fumes. He claims that this has aggravated all of his health issues.
Leukemia lawsuit were able to preserve favorable court rulings on trial and a minimal federal jury award for our client in this case. The plaintiff claimed that the derailment of his train and subsequent release of vinyl chloride from the rail yard affected his physical condition and also his emotional state, since he was concerned about developing cancer. However, Bladder cancer lawsuit declared that the railroad in question was not the sole cause of his fear of developing cancer since he had previously gave up the right to pursue the claim in a prior lawsuit.
Damages
If you've been injured during your employment on a railroad, you may be eligible to pursue a lawsuit 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. However this process is not easy and you should talk to an attorney for train accidents to better understand your options.
The first step in a railroad lawsuit is to establish that the defendant had a duty to the plaintiff of care. The plaintiff has to show that the defendant violated this obligation by failing in protecting the person injured from harm. The plaintiff must then prove that the breach of duty by the defendant was the primary cause of the injury.
For example, a railroad worker who contracted cancer as a result of their work on the railroad must prove that their employer did not adequately warn them about the risks associated with their job. They must also prove that the negligence caused their cancer.
In one instance, we defended a railroad company against a suit brought by a former employee who claimed that his cancer was the result of exposure to asbestos and diesel. We argued that the plaintiff's action was barred because he had signed an earlier release in another suit against the same defendant.