How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who suffer from occupational diseases, such as cancer, are entitled to pursue a lawsuit under Federal Employers' Liability Act. However, it can be challenging to prove that the disease is work-related.
For instance, a worker, may have signed a release following having settled an asbestos claim. Then, he sued for cancer that was allegedly caused by the exposures.
FELA Statute of Limitations
In many workers' compensation cases, the clock begins to run on a claim when an injury is documented. FELA laws, however, allow railroad employees to sue for lung disease or cancer for years after it has occurred. It is imperative to make an FELA report as early after an injury or illness as possible.
Sadly, railroads often attempt to get a case dismissed by arguing that the employee did not act within the three year statute of limitations. Courts often use two Supreme Court cases to determine when the FELA clock starts.
They must first determine if the railroad employee had reason to believe that the symptoms were connected to their job. If the railroad worker goes to a doctor, and the doctor affirms in a conclusive manner that the injuries are due to work, the claim is not time-barred.
Another thing to consider is the the time since the railroad worker began to notice symptoms. If the railroad employee has been suffering from breathing issues for a number of years, and attributes the problem to his or her work on the rails, the statute of limitation is likely to apply. If you have concerns regarding your FELA claim, please set up a an appointment for a free consultation with one of our lawyers.
Employers' Negligence
FELA sets out the legal basis for railroad employees to hold negligent employers accountable. As opposed to other workers who are governed by compensation systems for workers with pre-determined benefits, railroad workers are allowed to sue their employers for the full amount of their injuries.
Our lawyers recently obtained a verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, COPD and Emphysema from their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed the plaintiffs' cancer was not linked to their railroad work and the lawsuit was deemed to be time-barred because it had been more than three years since they discovered that their health issues were related to their railroad work. Our Doran & Murphy attorneys were capable of proving that the railroad had never made its employees aware of the dangers of asbestos and diesel exhaust when they were working, and had no safety measures to protect their workers from dangerous chemicals.
Although a worker has three years from the date of diagnosis to start a FELA lawsuit, it is always better to get a seasoned lawyer as soon as possible. The sooner our attorney starts collecting witness statements, documents, and other evidence, then the greater chance is of the success of a claim.
Causation
In a personal injury action plaintiffs must show that a defendant's actions caused their injuries. This requirement is known as legal causation. This is why it's so important that an attorney take the time to examine a claim before filing it in the court.
Railroad workers are exposed chemicals, including carcinogens and other pollutants, through diesel exhaust on its own. These microscopic particles get into lung tissues, causing inflammation and damage. As time passes, these damages accumulate and result in debilitating conditions such as chronic asthma and COPD.
One of our FELA cases involves a former train conductor who developed chronic obstructive respiratory illnesses and asthma after spending a long time in cabins, with no protection. Additionally, he developed back pain that was debilitating due to the years of pulling, pushing and lifting. His doctor advised him that these back issues were the result of years of exposure to diesel fumes which he claims exacerbated his health issues.
Our lawyers were able to secure favorable court rulings in trial as well as a small federal jury award for our client in this case. The plaintiff alleged that the train derailment, 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 develop cancer. The USSC decided that the railroad defendant was not responsible for the plaintiff's fears of cancer because the plaintiff had previously renounced his right sue the defendant railroad in a previous lawsuit.
Damages
If you have suffered an injury while working for railways, you could be able to file a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries using this process, including the payment of medical bills and pain and suffering. The process is a bit complicated, and you should consult with a lawyer for train accidents to know your options.
The first step in a railroad lawsuit is to show that the defendant had a duty to the plaintiff of care. The plaintiff must then show that the defendant breached this obligation by failing in protecting the person injured from injury. The plaintiff should then demonstrate that the defendant's breach of duty was a direct reason for their injury.
A railroad worker who contracts cancer as a result of their work must prove that the employer failed properly to inform them of the dangers they face. They must also prove that the negligence caused their cancer.
In wasatch railroad contractors lawsuit , a railroad company was brought before a former employee who claimed his cancer was caused through exposure to diesel and asbestos. We argued that the plaintiff's suit was not time-barred because he had signed a release in a previous suit against the defendant.