How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses such as cancer may make a claim in accordance with the Federal Employers' Liability Act. It isn't always easy to prove a disease is connected to work.
A worker, for instance could 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 exposure to asbestos.
FELA Statute of Limitations
In many workers' compensation cases, the clock begins to run on a claim from when an injury is declared. However, FELA laws allow railroad employees to file a lawsuit for the development of lung disease or cancer after a long time. This is why it's crucial to file an FELA injury or illness report as soon as possible.
Unfortunately, railroads will attempt to dismiss a case by arguing that an employee's actions were not within the three-year period of limitations. Courts often rely on two Supreme Court cases to determine when the FELA clock will begin.
The first thing they'll consider is whether the railroad worker has a reason to believe that his or her symptoms are a result of their work. If the railroad employee goes to a doctor, and the doctor is able to prove that the injuries are related to work then the claim isn't time barred.
Another aspect to consider is the time that has passed since the railroad worker began to notice symptoms. If the employee has been suffering from breathing problems for a long time and attributes the problem to his or her working on rails it is most likely that the railroad worker is within the time limit. Please contact us for a free consultation in case you have questions regarding your FELA claims.
Employers' Negligence
FELA lays out a legal framework for railroad employees to bring employers who are negligent to account. Railroad employees can sue their employers full for their injuries in contrast to other workers who are tied to worker's compensation schemes that have fixed benefits.
Our attorneys recently won the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered from COPD chronic bronchitis, COPD and Emphysema from their exposure to asbestos while working on locomotives. lung cancer mesothelioma lawsuit awarded them $16,400,000 in damages.
The railroad claimed that the plaintiffs' cancer was not linked to their jobs at railroads and the lawsuit was not time-barred because it was over three years since they learned that their health issues were related to their railroad work. Our Doran & Murphy attorneys were successful in proving that the railroad had never provided its employees with information about the dangers of asbestos and diesel exhaust while they were working and had no safety measures to protect their workers from harmful chemicals.
Although a worker has three years from the date of their diagnosis to make a FELA lawsuit however, it is best to hire an experienced lawyer as soon as you can. The sooner our attorney starts collecting witness statements, evidence, and other evidence, the better chance is of winning the case.
Causation
In a personal injuries action plaintiffs must prove that the defendant's actions are at fault for their injuries. This is referred to as legal causation. This is why it's so important that an attorney take the time to review a claim prior to filing it in the court.
Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals, including carcinogens, pollutants and other contaminants. These microscopic particles get into the lung tissue and cause inflammation and damage. Over time, the damages become more severe and lead to conditions such as chronic lung inflammation and COPD.
One of our FELA cases is a former conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease after decades spent in the cabs of trains without protection. He also had back issues due to his years of pushing and lifting. His doctor advised him that these problems were the result of the years of exposure to diesel fumes. He claims this exacerbated all of his health problems.
Our lawyers successfully defended favorable court rulings on trial and a modest federal jury award for our client in this case. The plaintiff claimed that the train derailment, and subsequent release of vinyl chloride from the rail yard affected his physical condition as well as his emotional state, as he worried that he would get cancer. However the USSC found that the railroad defendant could not be responsible for the worry that he had about getting cancer because he'd previously let go of the possibility of pursuing such a claim in a previous lawsuit.
Damages
If you've been injured while working for an railroad, you could be able to pursue a lawsuit under the Federal Employers' Liability Act. With this option, you could be able to claim damages for your injuries, which could include the amount you paid for medical bills as well as the pain and suffering you have endured as a result your injury. This process is complex and you should speak with a train accident attorney to learn more about your options.
The first step in a railroad lawsuit is to prove that the defendant had a duty to the plaintiff of care. The plaintiff must then prove that the defendant breached this obligation by failing to protect the injured person from harm. The plaintiff must then prove that the breach of duty by the defendant was the primary cause of the injury.
For instance railway workers who developed cancer due to their work on the railroad must prove that their employer did not adequately warn them about the dangers associated with their job. They also must prove that their cancer was directly caused by this negligence.
In one instance, a railroad company was sued by a former worker who claimed his cancer was caused by exposure to diesel fumes and asbestos. We argued that the plaintiff's suit was time-barred, because the plaintiff had signed a release in a previous lawsuit against the defendant.