How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses like cancer may sue in accordance with 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 settlement of an asbestos claim. He then sued later for a cancer that was believed to have been caused by those exposures.
Statute of Limitations under the FELA
In many workers' compensation cases the clock starts clocking on a claim the moment an injury is documented. FELA laws, however, allow railroad workers to sue for lung disease or cancer for years after it has happened. This is why it is crucial to file a FELA injury or illness report as soon as you can.
Unfortunately, railroads will attempt to dismiss a case by the argument that an employee did not act within the three-year time frame of limitations. To determine when the FELA "clock" begins courts usually look at two Supreme Court decisions.
First, they must consider whether the railroad employee has a reason to believe that his or her ailments are related to work. railroad class action lawsuit is not barred when the railroad worker visits a doctor and the doctor is able to prove that the injuries were due to their job.
A second factor to consider is the amount of time since the railroad worker began to notice signs. If the employee has been experiencing breathing difficulties for a while and attributes the issues to their railway work It is likely that the railroad worker is within the statute of limitations. Please contact us for a no-cost consultation in case you have questions regarding your FELA claims.
Employers' Negligence
FELA gives railroad workers an legal basis to hold negligent employers accountable. Unlike most other workers, who are bound by compensation systems for workers with set benefits, railroad employees are allowed to sue their employers for the full value of their injuries.
Our attorneys recently won a verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered 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 plaintiffs' cancer was not connected to their work at the railroad and the lawsuit was deemed to be time-barred because it was over three years since they learned that their health problems were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees of the dangers of asbestos or diesel exhaust while at work, and that the railroad did not have safety procedures in place to safeguard its employees from the dangers of chemicals.
Though a worker has three years from the date of diagnosis to file a FELA lawsuit It is always best to retain a professional lawyer as soon as is possible. The earlier our lawyer begins collecting witness statements, records, and other evidence, the greater chance there is of an effective claim.
Causation
In a personal injury lawsuit plaintiffs must show that the defendant's actions are responsible for 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 to a variety of chemicals, including carcinogens as well as other contaminants, via diesel exhaust by itself. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. In time, these injuries 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 respiratory disease following years of working in train cabs without protection. He also developed back problems due to the years of lifting and pushing. His doctor told him that these back issues were the result of years of exposure to diesel fumes, which he believes aggravated his other health issues.
Our lawyers successfully defended favorable trial court rulings and a modest federal jury award for our client in this case. The plaintiff claimed that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected both his physical and psychological condition, as he feared the possibility of developing cancer. The USSC found that the defendant railroad was not to blame for the plaintiff's fears of cancer because the plaintiff had previously waived his right to sue the defendant railroad in a prior lawsuit.
Damages
If you were injured while working for a railroad it is possible to file a claim under the Federal Employers' Liability Act. Through this avenue, you could be able to claim damages for your injuries, including the cost of medical bills and pain and suffering you have endured as a result of your injury. This process is complex, and you should consult with a train accident attorney to know your options.
In a railroad case the first step is to show the defendant had an obligation of good-faith to the plaintiff. The plaintiff must demonstrate that the defendant violated this duty of care by failing to protect them from harm. The plaintiff should then demonstrate that the defendant's breach of duty was the primary cause of the injury.
For example railway workers who was diagnosed with cancer due to their working for the railroad has to prove that their employer failed to properly warn them of the dangers associated with their job. They also must demonstrate that their cancer was directly caused by this negligence.
In one case we defended a railroad corporation against a lawsuit filed by an employee who claimed that his cancer was caused by exposure to diesel and asbestos. The plaintiff's lawsuit was barred because the plaintiff had signed a waiver in a previous lawsuit against the defendant.