How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who are suffering from occupational diseases such as cancer are entitled to pursue a lawsuit under Federal Employers' Liability Act. It can be difficult to prove that a disease is linked to work.
A worker, for instance might have signed a release after having settled an asbestos claim. Then, he could sue later for a alleged cancer caused by exposure to asbestos.
Statute of Limitations under the FELA
In many workers' compensation cases the clock starts in a claim at when an injury is documented. However, FELA laws allow railroad employees to file lawsuits for the formation of lung disease and cancer long after the fact. This is why it's vital to obtain a FELA injury or illness report as quickly as possible.
Unfortunately, railroads will attempt to dismiss a case the argument that an employee's actions were not within the timeframe of three years of limitations. To determine when the FELA "clock" starts courts usually look to two Supreme Court decisions.
They first have to determine if the railroad employee had reason to believe that his or symptoms were connected to their job. The claim is not barred when the railroad employee goes to the doctor and the doctor concludes that the injuries are linked to their job.
The second factor is the length of time between the moment that the railroad worker first noticed symptoms. If the railroad employee has been suffering from breathing issues for a number of years, and attributes the problem to his or work on the rails, the statute of limitations is likely to apply. Please contact us for a free consultation if you have any concerns regarding your FELA claims.
Employers' Negligence
FELA gives railroad workers legal grounds to hold negligent employers responsible. In contrast to other workers, who are governed to worker's compensation systems that have defined benefits, railroad workers are able to sue their employers for the full value of their injuries.
Our attorneys recently secured an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, COPD and Emphysema from 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 was not linked to their jobs on the railroad. They also claimed that the lawsuit was not allowed due to the fact that it had been three years since they discovered that their health issues were related to their work on the railroad. 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 did not have safety protocols to protect its employees from hazardous chemicals.
Although a worker has up to three years from the date of diagnosis to make a FELA lawsuit It is always best to get a seasoned lawyer as soon as is possible. The earlier our lawyer begins collecting witness statements, records and other evidence the more likely it is that the claim will be successful. filed.
Causation
In a personal injury action plaintiffs must prove that the actions of a defendant caused their injuries. This is referred to as legal causation. This is why it's so crucial that an attorney analyze a claim prior filing it in the court.
Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals that include carcinogens pollutants and other pollutants. These microscopic particles penetrate deeply 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 a former conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease following decades spent in the cabs of trains without any protection. He also had back issues due to his long hours of pushing and lifting. His doctor told him these problems were caused by years of exposure diesel fumes. He claims that this has aggravated all of his other health issues.
Our lawyers were able to secure favorable court rulings in trial and a modest federal jury award for our client in this case. The plaintiff claimed that the derailment of the train and the subsequent release vinyl chloride into the rail yard affected both his physical and emotional condition since he was worried that it would cause cancer. The USSC found that the railroad defendant was not responsible for the plaintiff's fears of cancer since the plaintiff had previously renounced his right to sue the railroad defendant in a previous lawsuit.
Damages
If you've been injured while working for a railroad company, you may qualify to file a lawsuit under the Federal Employers' Liability Act. By filing a lawsuit, you could be able to claim 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. mesothelioma lawsuit is a complicated process and you should speak with a train accident lawyer to fully understand 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 prove that the defendant violated this duty of care by failing to protect them from injury. The plaintiff must also show that the breach was the primary cause of their injuries.
A railroad worker who contracts cancer due to their job must prove that the employer failed properly to warn them of the dangers they are exposed to. They must also prove that the negligence led to their cancer.
In one case, a railroad company was brought before a former employee who claimed that his cancer was caused due to exposure to diesel and asbestos. We argued that plaintiff's lawsuit was barred because the plaintiff had signed a release in a prior suit against the defendant.