How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational diseases like cancer can bring a lawsuit in line with the Federal Employers' Liability Act. It can be difficult to prove that a disease is related to work.
For instance, a worker may have signed an indemnity agreement when he initially settled an asbestos claim, and then later sued for cancer that may have resulted from those exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock starts ticking on a claim the moment an injury is declared. FELA laws, however, allow railroad employees to sue for lung diseases or cancer years after the incident has occurred. It is crucial to file an FELA report as shortly after an injury or illness as you can.
Unfortunately, railroads will often try to get a case dismissed by arguing that the employee failed to act within the three year time frame. To determine when railroad lawsuit settlements , courts often look to two Supreme Court decisions.
First, they must consider whether the railroad employee is aware that his or her symptoms are related to their work. The claim is not barred in the event that the railroad employee goes to the doctor and the doctor affirms that the injuries are due to their job.
The other aspect is the amount of time from the time that the railroad employee first became aware of the symptoms. If the employee is experiencing breathing difficulties for several years and ascribes the issue to the working on rails It is likely that the railroad worker is within the time limit. If you have questions regarding your FELA claim, please schedule an appointment for a no-cost consultation with our lawyers.
Employers' Negligence
FELA gives railroad workers legal grounds to hold negligent employers responsible. Railroad employees can sue their employers full for injuries suffered, unlike most other workers who are tied to worker's compensation schemes that have fixed benefits.
Our attorneys won the verdict in a FELA case filed by retired Long Island Railroad machinists. They developed COPD chronic bronchitis and emphysema due to their asbestos exposure while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the plaintiffs' cancer wasn't linked to their job on the railroad, and that the lawsuit was not allowed due to the fact that it had been three years since the plaintiffs discovered their health issues were related to their work on the railroad. Our Doran & Murphy attorneys were capable of proving that the railroad had not provided its employees with information about the dangers of diesel exhaust and asbestos while they worked and had no security measures to shield their employees from the dangers of hazardous chemicals.
Though a worker has three years from the date of diagnosis to submit a FELA lawsuit it is always better to hire an experienced lawyer as soon as it is possible. The sooner your lawyer starts collecting witness statements, records and other evidence then the greater chance is of winning the case.
Causation
In a personal injuries action, plaintiffs have to prove that the defendant's actions are responsible for their injuries. This requirement is known as legal causation. This is why it's so vital that an attorney examine a claim before filing it in the court.
Railroad workers are exposed to a myriad of chemicals, including carcinogens and other pollutants, from diesel exhaust alone. These microscopic particles penetrate deep into lung tissue, causing inflammation as well as damage. Over time, these damage accumulate and result in debilitating conditions like chronic lung inflammation and COPD.
One of our FELA cases involves an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive lung disease after many years in the cabs of trains without protection. In addition, he developed debilitating back problems due to his long hours of lifting, pushing and pulling. His doctor informed him that these issues 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 were able to preserve favorable trial court rulings and a comparatively low federal jury award for our client in this case. The plaintiff argued that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected both his physical and emotional state, as he feared he would get cancer. However the USSC determined that the railroad defendant was not the sole cause of his anxiety about developing cancer because he previously released his ability to pursue the claim in a previous lawsuit.
Damages
If you've been injured while working for a railroad company and you were injured, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. You could be awarded damages for your injuries via this avenue, including compensation for medical bills and pain and suffering. The process is a bit complicated, and you should consult an attorney for train accidents to learn more about 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 must show that the defendant breached this duty of care by failing to safeguard them from injury. The plaintiff must then prove that the defendant's breach of duty was the sole reason for their injury.
A railroad worker who contracts cancer due to their job must prove that their employer did not adequately warn them about the dangers they are exposed to. They must also prove that their negligence led to their cancer.
In one instance we defended a railroad against a lawsuit brought by an employee who claimed that his cancer was caused by exposure to asbestos and diesel. We argued that the plaintiff's claim was time-barred, because he had signed a release in a previous suit against the defendant.