How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational illnesses such as cancer can make a claim in accordance with the Federal Employers' Liability Act. It isn't always easy to prove a disease is connected to work.
A worker, for instance, may have signed a waiver after settlement of an asbestos claim. He then sued later for a alleged cancer caused by the exposures.
Statute of Limitations under the FELA
In many workers' comp cases, the clock begins to tick on an injury the moment an injury is discovered. FELA laws permit railroad workers to file a lawsuit for lung disease or cancer years after the incident has occurred. This is why it's so important to get an FELA injury or illness report as quickly as you can.
Unfortunately, railroads will often try to dismiss a case by arguing that the employee failed to act within the three-year time limit. Courts usually rely on two Supreme Court cases to determine when the FELA clock will begin.
First, they must consider whether the railroad worker is aware that the symptoms are related to work. If cancer lawsuit goes to a doctor and the doctor is able to prove that the injuries are related to work the claim is not time barred.
Another thing to consider is the length of time from the time the railroad employee first began to notice signs. If he or she has been experiencing breathing difficulties for a number of years and attributes the problems to his or her work on the rails it is most likely that the railroad employee is within the time limit. Please contact us for a free consultation should you have any questions regarding your FELA claims.
Employers' Negligence
FELA gives railroad workers a legal basis to hold negligent employers accountable. Railroad employees can sue their employers in full for their injuries, unlike most other workers who are bound to compensation programs for workers with fixed benefits.
Our attorneys recently won an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, COPD and emphysema as a result of their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.
cancer lawsuits claimed that the cancer of the plaintiffs was not linked to their work at the railroad and the lawsuit was time-barred due to the fact that it was more than three years since they found out that their health problems were related to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad was not aware of its employees about asbestos's dangers and diesel exhaust while they were working, and the railroad didn't have safety procedures in place to safeguard its workers from harmful chemicals.
Although a person has three years from the date of their diagnosis to make a FELA lawsuit It is always best to retain a professional 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 a successful claim.
Causation
In a personal injury action plaintiffs must prove that the defendant's actions were the cause of their injuries. This is referred to as legal causation. Bladder cancer lawsuit is important that an attorney carefully examines claims prior to filing in the court.
Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals including carcinogens, pollution and other pollutants. These microscopic particles get into the lung tissue and cause inflammation and damage. Over time, these damages can lead to debilitating illnesses such as 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 any protection. Additionally, he was diagnosed with back problems that were painful as a result of his years of pulling, pushing and lifting. His doctor informed him that these issues were the result of the years of exposure to diesel fumes. He claims this exacerbated all of his health issues.
Our attorneys 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 derailment of his train and subsequent release of vinyl chloride from the rail yard impacted his physical condition and his emotional state, as he was worried that he would get cancer. The USSC ruled that the railroad defendant was not at fault for the plaintiff's fears of cancer since the plaintiff already waived his rights to sue the defendant railroad in a previous lawsuit.
Damages
If you've suffered an injury while working for a railroad it is possible to file a suit under the Federal Employers' Liability Act. You could be awarded damages for your injuries through this route, including compensation for medical bills and pain and suffering. However this process can be complicated and you should consult a lawyer who handles 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 then prove that the defendant breached this obligation by failing in protecting the person injured from harm. Finally, the plaintiff has to prove that the breach was a direct cause of their injury.
For example an employee of a railroad who was diagnosed with cancer due to their work on the railroad must prove that their employer failed to properly warn them of the risks associated with their job. They must also prove that their cancer was directly caused by the negligence of their employer.
In one instance we defended a railroad corporation against a lawsuit filed by a former employee who claimed that his cancer was the result of exposure to diesel and asbestos. We argued that the plaintiff's claim was not time-barred because the plaintiff had signed a waiver in a prior suit against the defendant.