How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad workers who suffer from occupational diseases, such as cancer, have the right to bring a lawsuit under the Federal Employers' Liability Act. It isn't always easy to prove that a disease is linked to work.
A worker, for instance could have signed a release following the settlement of an asbestos lawsuit. He later filed a lawsuit for a alleged cancer caused by those exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock starts in a claim at the moment an injury is documented. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease or cancer, even years after the fact. It is important to file an FELA report as soon after an injury or illness as you can.
Unfortunately, the railroad will try to dismiss a case by asserting that the employee's actions were not within the three-year statute of limitations. To determine when the FELA "clock" starts courts usually look to two Supreme Court decisions.
The first thing they'll consider is whether the railroad worker has reason to know that his or her symptoms are related to their work. The claim is not barred when the railroad employee visits a doctor and the doctor concludes that the injuries were due to their work.
A second factor to consider is the duration of the time from the time the railroad employee first began to notice symptoms. If he or she has been experiencing breathing difficulties for a while and attributes the problem to work on the rails It is likely that the railroad employee is within the time limits. If you are concerned regarding your FELA claim, please set up a an appointment for a no-cost consultation with our lawyers.
Employers' Negligence
FELA gives railroad workers an legal basis to hold negligent employers responsible. Railroad employees are able to sue their employers in full for injuries suffered in contrast to other workers who are confined to worker's compensation schemes that have fixed benefits.
Our attorneys obtained an award recently in a FELA case brought by retired Long Island Railroad machinists. They suffered from COPD, chronic bronchitis, and emphysema because of 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 wasn't related to their jobs on the railroad. They also claimed that the lawsuit was barred because it was more than three years since they discovered their health problems were related to their railroad work. Our Doran & Murphy attorneys were successful in proving that the railroad never made its employees aware of the dangers of diesel exhaust and asbestos while they were working and had no safety measures to protect their workers from dangerous chemicals.
While a worker can have up to three years from the date of their diagnosis to file a FELA lawsuit however, it is best to get a seasoned lawyer as soon as possible. union pacific railroad lawsuit begins collecting witness statements, documents, and other evidence, the greater chance there is of winning the case.
Causation
In a personal injury lawsuit plaintiffs must show that the actions of the defendant caused their injuries. This is known as legal causation. It is vital that an attorney thoroughly examines a claim before filing in court.
Railroad workers are exposed chemicals, including carcinogens and other contaminants, via diesel exhaust by itself. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. As time passes, these damage can lead to debilitating illnesses such as chronic bronchitis, or COPD.
One of our FELA cases is an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease after decades spent in the cabs of trains without protection. He also developed back problems due to the years of pushing and lifting. The doctor who treated him said that the problems were a result of long-term exposure to diesel fumes. He claims that this led to the aggravation of all of his other health issues.
Our attorneys were able to retain favorable court rulings in trial 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 impacted his physical condition and his emotional state, as he was worried that he would develop cancer. The USSC decided that the defendant railroad was not at fault for the plaintiff's anxiety about cancer, since the plaintiff had previously waived his right to sue the railroad defendant in a prior lawsuit.
Damages
If you've suffered an injury while working for a railroad company then you could be able to file a suit under the Federal Employers' Liability Act. This means that you could be able to claim damages for your injuries, including the amount you paid for medical bills as well as the suffering and pain you've suffered as a result your injury. However cancer lawsuit is complicated and you should talk to a lawyer who handles train accidents to learn more about your options.
In a railroad case the first step is to show the defendant owed the duty of good faith to the plaintiff. The plaintiff then has to prove that the defendant violated this obligation by failing in protecting the person injured from injury. Bladder cancer lawsuit should then demonstrate that the breach of duty by the defendant was the direct cause of their injuries.
For instance an employee of a railroad who developed cancer due to their working for the railroad has to prove that their employer did not adequately warn them about the dangers associated with their job. They must also prove that their negligence led to their cancer.
In one case, we defended a railroad against a lawsuit brought by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. We argued that plaintiff's lawsuit was time-barred, because the plaintiff had signed a waiver in a previous suit against the defendant.