How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who are suffering from occupational diseases such as cancer have the right to bring a lawsuit under the Federal Employers' Liability Act. However it can be difficult to prove that the disease is caused by work.
A worker, for example, may have signed a release following having settled an asbestos claim. Then, he sued for cancer he claimed was caused by the exposures.
Statute of Limitations under the FELA
In many workers' compensation cases the clock starts clocking on a claim when an injury is discovered. However, FELA laws allow railroad employees to file a lawsuit for the development of lung disease and cancer long after the fact. This is why it is so important to get a FELA injury or illness report as soon as possible.
Unfortunately, the railroad will attempt to dismiss a case by saying that the employee did not act within the three-year period of limitations. Courts often rely on two Supreme Court cases to determine when the FELA clock begins.
In the beginning, they will determine whether the railroad worker has a reason to believe that his or her ailments are related to their work. The claim can be ruled out when the railroad employee goes to the doctor and the doctor concludes that the injuries were due to their work.
The other factor is the time from the time that the railroad employee first noticed the symptoms. If the railroad employee has been having breathing issues for a long time and attributes the issue to his or work on the rails, the statute of limitations is likely to be applicable. Please contact union pacific railroad lawsuit for a no-cost consultation if you have any concerns about your FELA claims.
Employers' Negligence
FELA gives railroad employees legal grounds to hold negligent employers accountable. Unlike most other workers, who are governed to worker's compensation systems that have pre-determined benefits, railroad workers can sue their employers for the full value of their injuries.
Our lawyers won a verdict recently in a FELA case filed by retired Long Island Railroad machinists. They developed COPD chronic bronchitis and emphysema because of their asbestos exposure when working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed that the plaintiffs' cancer was not linked to their jobs at railroads and that the lawsuit was barred due to the fact that it was more than three years since they discovered that their health issues were related to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad never informed its employees of the dangers of asbestos or diesel exhaust while they were at work and the railroad had no safety procedures in place to safeguard its workers from dangerous chemicals.
It is best to engage a lawyer with experience immediately, even though a worker could have up to three years to start a FELA suit from the date they were diagnosed. The sooner your lawyer starts collecting witness statements, records and other evidence then the better chance there is of the success of a claim.
cancer lawsuits
In a personal injury lawsuit plaintiffs must show that the defendant's actions were at fault for their injuries. This is known as legal causation. It is important that an attorney thoroughly examines the claim prior to filing it in court.
Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals including carcinogens, pollution and other pollutants. The microscopic particles penetrate deeply into lung tissue, causing inflammation and damage. Over time, these damage accumulate and result in debilitating conditions such as chronic bronchitis and COPD.
One of our FELA case involves a former train conductor who developed chronic obstructive respiratory asthma and other respiratory diseases after a long period of time in cabs without any protection. He also had back issues due to the years of pushing and lifting. His doctor told him these problems were the result of decades of exposure to diesel fumes. He believes this caused the onset of the other health issues.
Our lawyers were able to preserve favorable trial court rulings as well as a minimal federal juror award for our client. The plaintiff claimed 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 was worried that he would get cancer. However the USSC determined that the railroad in question was not responsible for his anxiety about developing cancer because he previously let go of the possibility of pursuing the claim in a previous lawsuit.
Damages
If you were injured while working for a railroad then you could be able to file a lawsuit under the Federal Employers' Liability Act. With this option, you can seek damages for your injuries, which could include reimbursement for medical expenses and the suffering and pain you've endured as a result of your injury. cancer lawsuits is a complicated process, and you should consult with a lawyer for train accidents to learn more about your options.
In a railroad case, the first step is to prove the defendant owed an obligation of good faith to the plaintiff. union pacific railroad lawsuit must then prove that the defendant violated this obligation by failing to protect the person injured from harm. Finally, the plaintiff has to demonstrate that this breach was a direct cause of their injury.
For example railway workers who developed cancer due to their work at 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 the negligence led to their cancer.
In one case we defended a railroad against a lawsuit brought by an employee who claimed that his cancer was the result of exposure to asbestos and diesel. The plaintiff's lawsuit was barred because the plaintiff had signed a consent form in a previous suit against the defendant.