How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational diseases like cancer may file a lawsuit in accordance with the Federal Employers' Liability Act. It isn't always easy to prove that a disease is related to work.
A worker, for instance, may have signed a release following having settled an asbestos claim. He later filed a lawsuit for a alleged cancer resulted from exposure to asbestos.
FELA Statute of Limitations
In many workers' compensation cases, the clock starts to tick on an injury as soon as an injury is identified. FELA laws permit railroad employees to sue for lung diseases or cancer for years after it has happened. This is why it is vital to obtain an FELA injury or illness report as quickly as possible.
Unfortunately, the railroad 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 the FELA "clock" begins courts typically look to two Supreme Court decisions.
They will first consider whether the railroad employee had reason to believe that the symptoms were related to their job. If the railroad employee visits to a doctor, and the physician conclusively states that the injuries are work-related the claim is not time barred.
The other aspect is the amount of time since the railroad employee first noticed symptoms. If the employee is experiencing breathing difficulties for a while and attributes the problem to railroad work it is most likely that the railroad worker is within the statute of limitations. If you have questions about your FELA claim, you can schedule a an appointment with one of our lawyers.
Employers' Negligence
FELA gives railroad workers legal grounds to hold negligent employers responsible. Railroad workers are able to sue their employers in full for their injuries unlike other workers, who are subject to worker's compensation plans with fixed benefits.
Our attorneys obtained a verdict recently in a FELA case brought by retired Long Island Railroad machinists. They developed COPD, chronic bronchitis, and emphysema due to their asbestos exposure when working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed the cancer of the plaintiffs was not connected to their jobs at railroads and the lawsuit was not time-barred since it was three years since they learned that their health problems were due to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees of asbestos's dangers and diesel exhaust while they were working and that the railroad didn't have safety procedures in place to protect its workers from dangerous chemicals.
It is best to engage an experienced lawyer when you can even though a person may have up to three years to submit a FELA lawsuit from the date they were diagnosed. The sooner our attorney begins collecting witness statements, documents and other evidence the more likely it is that a successful claim can be made.
Causation
In a personal injury lawsuit plaintiffs must prove that the actions of a defendant caused their injuries. This is referred to as legal causation. It is important that an attorney thoroughly examines a claim before filing in the court.
Bladder cancer lawsuit exposes railroad workers to a myriad of chemicals including carcinogens, pollutants and other contaminants. These microscopic particles get into the lung tissue and cause inflammation and damage. Over time, these damage build up and cause debilitating conditions like chronic asthma and COPD.
One of our FELA cases involves an ex-train conductor who developed chronic obstructive respiratory asthma and other respiratory diseases after spending decades in the cabins, with no protection. Also, he developed back issues due to the years of lifting and pushing. The doctor who treated him said that the problems were a 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 as well as a small federal juror award for our client. The plaintiff argued that the derailment of the train and the subsequent release of vinyl chloride into the rail yard affected both his physical and psychological condition, as he feared he would get cancer. However the USSC held that the defendant railroad could not be responsible for his anxiety about developing cancer since he had previously let go of the possibility of pursuing this claim in a previous lawsuit.
Damages
If you've suffered an injury while working on railways, you could be eligible to make a claim under the Federal Employers' Liability Act. With this option, you could recover damages for your injuries, including the cost of medical bills as well as for the pain and suffering you have suffered as a result of your injury. This process is complicated, and you should consult with a lawyer for train accidents to understand your options.
In a railroad case, the first step is to prove the defendant owed a duty of good faith to the plaintiff. Non-Hodgkin's lymphoma lawsuit must prove that the defendant breached this duty of care by failing to safeguard them from harm. The plaintiff must then prove that the breach of duty by the defendant was the sole reason for the injury.
A railroad worker who contracts cancer as a result of their work must prove that the employer failed properly to warn them about the dangers they could face. They must also prove that their negligence led to their cancer.
In one case the railroad company was sued by a former employee who claimed that his cancer was caused due to exposure to diesel and asbestos. We argued that the plaintiff's suit was barred by time because the plaintiff had signed a consent form in a previous lawsuit against the defendant.