How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who are suffering from occupational diseases, such as cancer, are entitled to make a claim under the Federal Employers' Liability Act. However it can be difficult to prove that the condition is a result of work.
For instance workers may have signed an agreement when he first settled an asbestos-related claim and later filed a lawsuit for cancer that may have resulted from those exposures.
FELA Statute of Limitations
In many workers' compensation cases, the clock begins to tick on a claim when an injury is documented. However, FELA laws allow railroad employees to bring a lawsuit in the event of the formation of lung disease and cancer long after the fact. It is crucial to file a FELA report as shortly after an accident or illness as soon as it is possible.
Unfortunately, the railroad will try to dismiss a case by arguing that an employee was not acting within the three-year period of limitations. To determine when the FELA "clock" starts courts usually look to two Supreme Court decisions.
They must first determine if the railroad employee had reason to believe that their symptoms were connected to their job. If the railroad employee visits to a doctor, and the doctor concludes that the injuries are due to work the claim isn't time-barred.
The other aspect is the amount of time from the time that the railroad employee first noticed the symptoms. If Non-Hodgkin's lymphoma lawsuit or she has been suffering from breathing problems for a while and attributes the problems to the work on the rails It is likely that the employee is within the statute of limitations. If you are concerned about your FELA claim, you can schedule a a free consultation with our lawyers.
Employers' Negligence
FELA gives railroad employees the legal basis to hold negligent employers responsible. Unlike most other workers, who are governed by the system of worker's compensation that has set benefits, railroad employees can sue employers for the full value of their injuries.
Our attorneys won an award in a recent FELA case filed by retired Long Island Railroad machinists. They suffered from COPD chronic bronchitis and emphysema due to 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 jobs at railroads and the lawsuit was deemed to be time-barred because it had been more than three years since they learned that their health issues were a result of their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad never informed its employees about asbestos's dangers and diesel exhaust while they were at work, and that the railroad did not have safety procedures in place to protect its workers from harmful chemicals.
It is better to hire a lawyer with experience when you can, even though a worker could have up to three years to submit an FELA suit from the time they were diagnosed. The earlier our lawyer begins collecting witness statements, records, and other evidence, then the greater chance is of the success of a claim.
Causation
In a personal injury action plaintiffs must demonstrate that the actions of a defendant caused their injuries. This is referred to as legal causation. It is important that an attorney examines claims prior to filing in court.
Diesel exhaust is the only source that exposes railroad workers to a myriad of chemicals including carcinogens, pollutants and other contaminants. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. Over time, these damages could lead to debilitating ailments like 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 protection. He also developed back problems due to his long hours of lifting and pushing. His doctor advised him that these issues were the result of decades of exposure to diesel fumes. Bladder cancer lawsuit claims that this led to the aggravation of all of his other health problems.
Our lawyers were able to retain favorable court rulings in trial as well as a modest federal juror award for our client. The plaintiff alleged that the train derailment and subsequent release of vinyl chloride from the rail yard affected his physical health as well as his mental state, as he worried about developing cancer. However, the USSC determined that the railroad defendant was not responsible for his fear of developing cancer because he previously waived the right to bring this kind of claim in a previous lawsuit.
Damages
If you have suffered an injury while working for a railroad, you may be able to make a claim under the Federal Employers' Liability Act. Through this avenue, you may be able to recover damages for your injuries, including the amount you paid for medical bills as well as for the suffering and pain you've suffered as a result of your injury. This is a complicated process and you should speak with a lawyer for train accidents to fully understand your options.
In a railroad case, the first step is to establish that the defendant was bound by an obligation of good faith to the plaintiff. Non-Hodgkin's lymphoma lawsuit must show that the defendant breached the duty of care by failing to protect them from injury. The plaintiff should then demonstrate that the breach of duty by the defendant was a direct reason for the injury.
A railroad worker who develops cancer as a result of their work must prove that the employer did not adequately inform them of the dangers they could face. They must also prove that their cancer was directly caused by the negligence of their employer.
In one case we defended a railroad firm against a lawsuit filed by an employee who claimed that his cancer was the result of exposure to asbestos and diesel. We claimed that the plaintiff's claim was barred due to the fact that he had signed an earlier release in another suit against the same defendant.