How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses such as cancer may file a lawsuit in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the illness is related to work.
A worker, for instance, may have signed a release after having settled an asbestos claim. He later filed a lawsuit for a cancer that was believed to have been caused by exposure to asbestos.
FELA Statute of Limitations
In many workers' compensation cases the clock begins ticking on a claim when an injury is documented. FELA laws permit railroad workers to pursue claims for lung disease or cancer long after the incident has occurred. It is essential to make an FELA report as early after an injury or illness as you can.
Unfortunately, railroads will try 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 often look to two Supreme Court decisions.
First, they will consider whether the railroad worker has a reason to believe that his or her symptoms are a result of their work. If the railroad worker is referred to a doctor, and the doctor concludes that the injuries are due to work the claim is not time barred.
Another factor to take into consideration is the the time since the railroad employee started to notice symptoms. If the railroad employee has had breathing issues for a while and attributes the problem to his or work on rails, then the statute of limitation will likely to apply. Please contact us for a no-cost consultation for any concerns regarding your FELA claims.
Employers' Negligence
FELA establishes a legal foundation for railroad workers to ensure that negligent employers are held accountable. Unlike most other workers, who are bound by compensation systems for workers with fixed benefits, railroad employees can sue their employers for the full amount of their injuries.
Our lawyers recently obtained the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, chronic bronchitis and Emphysema because of their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed the plaintiffs' cancer was not linked to their work at the railroad and the lawsuit was time-barred due to the fact that it was more than three years since they realized that their health problems were due to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad did not inform its employees about asbestos' dangers and diesel exhaust while they were working and that the railroad didn't have safety procedures in place to safeguard its workers from dangerous chemicals.
While a worker can have up to three years from the date of diagnosis to file a FELA lawsuit it is always better to hire an experienced lawyer as soon as is possible. The earlier our lawyer begins collecting witness statements, documents, and other evidence, then the greater chance is of winning the case.
Causation
In a personal injury lawsuit plaintiffs must show that a defendant's actions caused their injuries. This is known as legal causation. This is why it's crucial that an attorney study a claim prior to submitting it in court.
Diesel exhaust alone exposes railroad workers to hundreds of chemicals, including carcinogens, pollutants and other pollutants. These microscopic particulates penetrate deep into the lung tissues, causing inflammation and damage. As time passes, these damage could lead to debilitating ailments such as chronic bronchitis, or COPD.
One of our FELA cases involves an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease following decades spent in train cabs without any protection. In addition, he developed back problems that were painful as a result of his years of pulling, pushing and lifting. union pacific railroad lawsuit advised him that these back issues were the result of his exposure to diesel fumes which he claims, aggravated the other health issues he was suffering from.
Our lawyers were able to preserve favorable trial court rulings and also a modest federal juror award for our client. The plaintiff argued that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected his physical and emotional state since he was worried that the possibility of developing cancer. However the USSC found that the railroad in question was not responsible for his fear of getting cancer because he'd previously let go of the possibility of pursuing such a claim in a previous lawsuit.
Damages
If you've suffered an injury when working on a railroad, you may be able to bring a lawsuit under the Federal Employers' Liability Act. You could be awarded compensation for your injuries by this method, which could include the payment of medical bills and pain and suffering. However this process is not easy and you should talk to an attorney for train accidents to know your options.
In a railroad case the first step is to show the defendant was bound by an obligation of good-faith to the plaintiff. The plaintiff must then prove that the defendant violated this obligation by failing in protecting the injured person from harm. The plaintiff must then show that the breach of duty by the defendant was the sole reason for their injuries.
A railroad worker who develops cancer as a result of their work must prove that the employer failed properly to warn them about the risks they face. They also must prove that their cancer was directly caused by the negligence of their employer.
In one case, we defended a railroad company against a lawsuit brought by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. We asserted that the plaintiff's suit was time-barred because he executed an earlier release in a separate lawsuit against the same defendant.
