How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who suffer from occupational illnesses such as cancer are entitled to pursue a lawsuit under Federal Employers' Liability Act. It can be difficult to prove that a condition is related to work.
For instance an employee may have signed a release when he first settled an asbestos lawsuit and then later sued for cancer allegedly resulting from those exposures.
FELA Statute of Limitations
In many workers' compensation cases, the clock begins to run on a claim from the moment an injury is documented. FELA laws, however, allow railroad employees to pursue claims for lung disease or cancer years after the incident has occurred. This is why it is so important to get an FELA injury or illness report as quickly as possible.
Unfortunately, railroads will try to dismiss a case the argument that an employee's actions were not within the three-year time frame of limitations. To determine when union pacific railroad lawsuit " starts courts usually look at two Supreme Court decisions.
They will first consider whether the railroad employee had a reason to believe that his or symptoms were connected to their job. If the railroad employee goes to a doctor, and the physician conclusively states that the injuries have a connection to work the claim is not time barred.
A second factor to consider is the duration of the time since the railroad worker began to notice symptoms. If he or she has been suffering from breathing problems for a while and attributes the issue to the railway work it is likely that the railroad worker is within the time limit. If you have questions regarding your FELA claim, you can schedule a an appointment with one of our lawyers.
Employers' Negligence
FELA gives railroad workers a legal basis to hold negligent employers accountable. Contrary to most other workers who are governed by the system of worker's compensation that has fixed benefits, railroad employees are allowed to sue their employers for the full amount of their injuries.
Our lawyers recently obtained an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, chronic bronchitis as well as Emphysema because of their exposure to asbestos when 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 at railroads and the lawsuit was time-barred because it had been more than three years since they realized that their health issues were a result of their railroad work. Our Doran & Murphy lawyers were able to show that the railroad did not inform its employees of the dangers of asbestos or diesel exhaust while working, and the railroad did not have safety procedures in place to safeguard its workers from harmful chemicals.
cancer lawsuits is best to engage a lawyer with experience as soon as you can even though an employee may have up to three years to file a FELA suit from the date they were diagnosed. The sooner our attorney starts collecting witness statements, records, and other evidence, then the greater chance is of winning the case.
Causation
In a personal injury case plaintiffs must prove that the actions of a defendant caused their injuries. This requirement is called legal causation. It is vital that an attorney has a thorough examination of any claim before submitting it to court.
Railroad workers are exposed to hundreds of chemicals, including carcinogens as well as other pollutants, through diesel exhaust by itself. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. Over time, these damages are accumulated and can cause debilitating conditions such as chronic asthma and COPD.
One of our FELA case involves an ex-train conductor who developed chronic obstructive respiratory asthma and other respiratory diseases after spending decades in the cabins with no protection. In addition, he developed back problems that were painful as a result of his long hours of lifting, pushing and pulling. His doctor informed him that these problems were a result of decades of exposure to diesel fumes. He claims this exacerbated the other health issues.
Our lawyers were able to retain favorable court rulings in trial as well as a minimal federal juror award for our client. The plaintiff argued that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected his physical and mental health because he was afraid it would cause cancer. cancer lawsuits found that the defendant railroad was not to blame for the plaintiff's anxiety about cancer since the plaintiff previously renounced his right sue the defendant railroad in a previous lawsuit.
Damages
If you have been injured when working on a railroad, you may be able to file a lawsuit under the Federal Employers' Liability Act. You could be awarded compensation for your injuries by this route, including the payment of medical bills and pain and suffering. This is a complicated process, and you should consult an attorney for train accidents to understand your options.
The first step in a railroad lawsuit is to establish that the defendant had a duty to the plaintiff of care. The plaintiff must then prove that the defendant violated this duty by failing to protect the person injured from harm. Finally, the plaintiff has to show that the breach was a direct cause of their injury.
A railroad worker who develops cancer due to their work must prove that the employer did not adequately warn them of the risks they face. They also must prove that their cancer was directly caused by the negligence of their employer.
In one instance one railroad company was sued by a former employee who claimed his cancer was caused by exposure to diesel fumes and asbestos. We argued that the plaintiff's suit was barred by time because the plaintiff had signed a waiver in a previous lawsuit against the defendant.