How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad workers who suffer from occupational diseases such as cancer can file a lawsuit under the Federal Employers' Liability Act. It isn't easy to prove that a health issue is connected to work.
For instance, a worker might have signed a waiver after the settlement of an asbestos lawsuit. Then, he could sue later for a cancer that was believed to have been resulted from exposure to asbestos.
Statute of Limitations under the FELA
In many workers' comp cases, the clock starts to run on the claim when an injury is discovered. FELA laws, however, allow railroad employees to sue for lung disease or cancer years after it has happened. It is imperative to submit an FELA report as soon after injury or illness as possible.
Unfortunately, railroads will attempt to dismiss a case by saying that the employee was not acting within the three-year statute of limitations. Courts often rely on two Supreme Court cases to determine when the FELA clock starts.
In railroad cancer lawsuit , they will determine whether the railroad employee has reason to know that the symptoms are related to work. If the railroad worker is referred to a doctor and the doctor affirms in a conclusive manner that the injuries are related to work the claim isn't time barred.
Another thing to consider is the duration of the time since the railroad employee started to notice signs. If the employee has been suffering from breathing problems for a while and attributes the problems to his or her work on the rails it is most likely that the railroad employee is within the statute of limitations. If you have concerns regarding your FELA claim, please schedule an appointment with one of our lawyers.
Employers' Negligence
FELA gives railroad employees a legal basis to hold negligent employers responsible. Railroad employees are able to sue their employers in full for injuries suffered unlike other workers, who are subject to compensation programs for workers with fixed benefits.
Our attorneys secured an award recently in a FELA case brought 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 that the cancer of the plaintiffs was not linked to their railroad jobs and the lawsuit was deemed to be time-barred since it was three years since they discovered that their health issues were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad didn't inform its employees of the dangers of asbestos or diesel exhaust while working and that the railroad didn't have safety procedures in place to safeguard its employees from hazardous chemicals.
Though a worker has three years from the date of diagnosis to file a FELA lawsuit It is always best to get a seasoned lawyer as soon as possible. The sooner our attorney starts collecting witness statements, records and other evidence then the greater chance is of the success of a claim.
Causation
In a personal injuries action the plaintiffs must prove that the defendant's actions are at fault for their injuries. This is referred to as legal causation. It is important that an attorney thoroughly examines claims prior to filing 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 deep into lung tissue, causing inflammation and damage. As time passes, these damages are accumulated and can cause debilitating conditions like chronic lung inflammation and COPD.
One of our FELA cases is a former conductor who developed debilitating asthma and chronic obstructive lung disease after decades of working in train cabs without protection. In addition, he developed back problems that were painful as a result of his long hours of lifting, pushing and pulling. His doctor informed him that these back issues were the result of his exposure to diesel fumes which he claimed aggravated his other health issues.
Our lawyers were able preserve favorable trial court rulings as well as a small federal juror award for our client. The plaintiff alleged that the train derailment and the subsequent release of vinyl chloride from the rail yard impacted his physical health and his emotional state, as he worried about developing cancer. The USSC determined that the railroad defendant was not responsible for the plaintiff's anxiety about cancer, since the plaintiff had already waived his rights to sue the defendant railroad in a prior lawsuit.
Damages
If you've been injured during your employment on railways, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. You could receive compensation for your injuries by this process, including the payment of medical bills and pain and suffering. This is a complicated process, and you should consult with a lawyer for train accidents to know your options.
The first step in a railroad lawsuit is to prove that the defendant owed the plaintiff a duty of care. The plaintiff must then prove that the defendant violated this duty by failing to safeguard the person injured from harm. The plaintiff must then prove that the defendant's breach of duty was the sole reason for the injury.
For example a railroad worker who was diagnosed with cancer due to their job on the railroad must prove that their employer failed to properly warn them of the dangers of their job. They also must prove that their cancer was directly caused by the negligence of their employer.
In one instance we defended a railroad corporation against a suit brought by an employee who claimed that his cancer was caused by exposure to diesel and asbestos. We claimed that the plaintiff's claim was time-barred because he executed a prior release in another lawsuit against the same defendant.