How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational diseases like cancer can sue in accordance with the Federal Employers' Liability Act. However it can be difficult to prove that the illness is caused by work.
For instance an employee may have signed a release when he first settled an asbestos-related claim and later filed a lawsuit for cancer allegedly resulting from those exposures.
FELA Statute of Limitations
In a lot of workers' compensation cases, the clock begins to tick on a claim immediately after an injury is discovered. FELA laws, however, allow railroad employees to file a lawsuit for lung disease or cancer for years after it has happened. It is essential to make an FELA report as soon after an accident or illness as soon as it is possible.
Unfortunately, the railroad will often try to dismiss a case by arguing that the employee failed to comply with the three-year time frame. To determine when the FELA "clock" begins courts usually look at two Supreme Court decisions.
The first thing to consider is whether the railroad employee had any reason to believe that the symptoms were connected to their job. The claim will not be denied in the event that the railroad employee visits a doctor and the doctor is able to prove that the injuries are linked to their job.
Another aspect to consider is the amount of time since the railroad employee began to notice symptoms. If the railroad employee has suffered from breathing problems for several years, and attributes the problem to his or her work on rails, then the statute of limitations will likely to apply. If you are concerned regarding your FELA claim, please set up a a free consultation with our lawyers.
Employers' Negligence
FELA provides railroad workers with legal grounds to hold negligent employers accountable. In contrast to other workers, who are bound by compensation systems for workers with pre-determined benefits, railroad workers are able to sue their employers for the full amount of their injuries.
Our lawyers recently won a verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, chronic bronchitis and Emphysema because of their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the cancer of the plaintiffs was not connected to their railroad jobs and the lawsuit was time-barred since it was three years since they discovered that their health problems were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad never informed its employees of the dangers of asbestos and diesel exhaust while working, and the railroad had no safety procedures in place to protect its employees from the dangers of chemicals.
Although a person has three years from the date of their diagnosis to submit a FELA lawsuit it is always better to retain a professional lawyer as soon as you can. The sooner our attorney starts gathering witness statements, records, and other evidence, the greater chance there is of an effective claim.
Causation
In a personal injury case plaintiffs must prove that the actions of a defendant caused their injuries. This is referred to as legal causation. This is the reason it's important that an attorney take the time to review a claim prior to filing it in court.
Railroad workers are exposed to hundreds of chemicals, including carcinogens as well as other contaminants, via diesel exhaust by itself. These microscopic particulates penetrate deep into the lung tissues, causing inflammation and damage. As time passes, these damages build up and cause debilitating conditions such as chronic asthma and COPD.
One of our FELA cases is an ex-conductor who developed debilitating asthma and chronic obstructive pulmonary disease following years of working in train cabs without protection. Also, he developed back issues due to his years of pushing and lifting. His doctor informed him that these issues were the result of the years of exposure to diesel fumes. He claims that this has aggravated all of his other health problems.
Our lawyers were able to secure favorable court rulings on trial and a minimal federal jury award for our client in this case. The plaintiff argued that the derailment of the train and subsequent release vinyl chloride into the rail yard affected his physical and psychological condition and he was concerned that his cancer would strike him. The USSC determined that the railroad defendant was not to blame for the plaintiff's fears of cancer since the plaintiff previously waived his right to sue the railroad defendant in a prior lawsuit.
Damages
If you've been injured while working for a railroad company, you may qualify to file a claim under the Federal Employers' Liability Act. Through this avenue, you can seek damages for your injuries, including compensation for your medical bills and pain and suffering you have suffered as a result of your injury. railroad controls limited lawsuit is a bit complicated and you should speak with a lawyer for train accidents to fully understand your options.
The first step in a railroad lawsuit is to demonstrate that the defendant owed the plaintiff a duty of care. The plaintiff must then prove that the defendant violated this duty by failing to protect the person injured from harm. The plaintiff must then show that the breach of duty by the defendant was the primary cause of the injury.
For instance a railroad worker who was diagnosed with cancer due to their working for the railroad has to prove that their employer did not adequately warn them about the risks associated with their job. They must also prove that their negligence caused their cancer.
In one instance we defended a railroad firm against a lawsuit filed by a former employee who claimed that his cancer was the result of exposure to diesel and asbestos. We were of the opinion that the plaintiff's lawsuit was barred by time because he signed an earlier release in another lawsuit against the same defendant.