How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational diseases like cancer may bring a lawsuit in line with the Federal Employers' Liability Act. However it can be difficult to prove that the condition is work-related.
For example the worker could have signed an agreement when he first settled an asbestos claim and then later sued for cancer that was allegedly resulting from exposures.
FELA Statute of Limitations
In many workers' compensation cases the clock starts to run on a claim from when an injury is discovered. However, FELA laws allow railroad employees to bring a lawsuit in the event of the formation of lung disease and cancer long after the fact. This is why it is vital to obtain a FELA injury or illness report as quickly as possible.
Unfortunately, the railroad will often try to dismiss a case by arguing that the employee failed to perform the task within the three-year time limit. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.
First, they will consider whether the railroad worker has reason to know that his or her ailments are related to their job. If the railroad employee visits to a doctor and the physician conclusively states that the injuries have a connection to work the claim isn't time barred.
The other factor is the time since the railroad employee first noticed symptoms. If the railroad employee has been suffering from breathing problems for several years and attributes the problem to work on the rails, then the statute of limitations will likely to apply. Contact us for a no-cost consultation in case you have questions regarding your FELA claims.
Employers' Negligence
FELA gives railroad workers the legal basis to hold negligent employers accountable. In contrast to other workers, who are bound by the system of worker's compensation that has pre-determined benefits, railroad workers can sue 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 because of their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed that the plaintiffs' cancer was not linked to their jobs at the railroad and the lawsuit was thrown out because it was more than three years since the plaintiffs discovered their health issues were related to their railroad jobs. Our Doran & Murphy attorneys were capable of proving that the railroad did not given its employees any information about the dangers of asbestos and diesel exhaust while they were at work and had no safety protocols to protect its employees from the dangers of hazardous chemicals.
It is advisable to hire an experienced lawyer as soon as you can even though a person could have up to three years to submit a FELA suit starting from the day they were diagnosed. The earlier our lawyer begins collecting witness statements, evidence, and other evidence, the greater chance there is of a successful claim.
Causation
In a personal injury lawsuit plaintiffs must show that the defendant's actions are at fault for their injuries. This is referred to as legal causation. This is the reason it's important that an attorney take the time to study a claim prior to submitting it in court.
Diesel exhaust alone exposes railroad workers to hundreds of chemicals, including carcinogens, pollutants and other contaminants. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. Over time, these damages can cause debilitating conditions like chronic bronchitis or COPD.
One of our FELA cases involves an ex-train conductor who was diagnosed with chronic obstructive pulmonary ailments and asthma after spending decades in the cabs without any protection. In addition, he developed debilitating back problems due to the years of pulling, pushing and lifting. His doctor told him that these problems were the result of years of exposure to diesel fumes, which he claims, aggravated his other health issues.
Our lawyers were able to secure favorable trial court rulings and a minimal 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 feared that he would get cancer. The USSC found that the railroad defendant was not at fault for the plaintiff's anxiety about cancer, since the plaintiff had already waived his rights to sue the defendant railroad in a prior lawsuit.
Damages
If you were injured while working for a railroad company it is possible to file a suit under the Federal Employers' Liability Act. By filing a lawsuit, you can seek damages for your injuries, which could include reimbursement for medical expenses as well as for the suffering and pain you've suffered as a result your injury. Railroad Cancer Lawsuit Settlements is complicated, and you should consult with a train accident lawyer to fully understand your options.
In a railroad case, the first step is to prove the defendant had the duty of good faith to the plaintiff. The plaintiff must prove that the defendant breached this duty of care by failing to safeguard them from injury. The plaintiff must then show that the breach of duty by the defendant was the sole reason for their injury.
For instance, a railroad worker who contracted cancer due to their job on the railroad must prove that their employer failed to adequately warn them about the dangers that they face in their work. They must also prove that the negligence caused their cancer.
In one case, we defended a railroad firm against a lawsuit filed by an employee who claimed that his cancer was caused by exposure to diesel and asbestos. We asserted that the plaintiff's suit was barred by time because he signed an earlier release in another lawsuit against the same defendant.