How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational diseases such as cancer can sue in accordance with the Federal Employers' Liability Act. It isn't easy to prove that a health issue is linked to work.
For example an employee may have signed an indemnity agreement when he initially settled an asbestos-related claim and then later sued for cancer that was allegedly resulting from those exposures.
FELA Statute of Limitations
In many workers' compensation cases, the clock starts in a claim at when an injury is reported. FELA laws, however, allow railroad workers to sue for lung diseases or cancer for years after the incident has occurred. It is important to submit an FELA report as soon after injury or illness as is possible.
Unfortunately, railroads will often try to dismiss a case by arguing that the employee failed to act within the three year time limit. To determine when the FELA "clock" starts, courts often look to two Supreme Court decisions.
The first thing to consider is whether the railroad employee had a reason to believe that his or her symptoms were connected to their job. union pacific railroad lawsuits is not barred in the event that the railroad employee visits a doctor and the doctor states conclusively that the injuries are related to their work.
The other aspect is the length of time since the railroad employee first became aware of the symptoms. If he or she has been experiencing breathing difficulties for several years and ascribes the problems to their work on the rails, then it is likely that the employee is within the time limits. If you have concerns regarding your FELA claim, you should schedule an appointment for a free consultation with one of our lawyers.
Employers' Negligence
FELA lays out a legal foundation for railroad workers to ensure that negligent employers are held accountable. In contrast to other workers, who are governed to worker's compensation systems that have defined benefits, railroad workers are allowed to sue their employers for the full value of their injuries.
Our lawyers recently won an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, COPD and 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 related to their jobs at railroads and the lawsuit was time-barred because it was over three years since they discovered that their health problems were a result of their railroad work. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees about asbestos' dangers and diesel exhaust while working and that the railroad did not have safety procedures in place to protect its employees from the dangers of chemicals.
It is best to engage an experienced lawyer when you can even though a worker could have up to three years to file an FELA suit starting from the day they were diagnosed. The sooner our attorney starts collecting witness statements, evidence and other evidence the greater chance there is of the success of a claim.
Causation
In a personal injury lawsuit, plaintiffs must prove that the actions of a defendant caused their injuries. This requirement is known as legal causation. This is why it's crucial that an attorney study a claim prior to submitting it in court.
Railroad workers are exposed to a variety of chemicals, including carcinogens and other pollutants, from 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 conditions such as chronic bronchitis or COPD.
One of our FELA case involves a former train conductor who was diagnosed with chronic obstructive pulmonary illnesses and asthma 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 told him that these problems were the result of years of exposure to diesel fumes which he claims exacerbated the other health issues he was suffering from.
Our attorneys were able to preserve favorable trial court rulings as well as a modest federal juror award for our client. 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 mental state, as he was worried that he might develop cancer. However, the USSC declared that the railroad in question could not be the cause of his anxiety about developing cancer because he previously released his ability to pursue such a claim in a previous lawsuit.
Damages
If you've been injured while working for a railroad company, you may qualify to file a suit under the Federal Employers' Liability Act. You could receive damages for your injuries using this route, including compensation for medical bills and pain and suffering. This process is complex, and you should consult with a lawyer for train accidents to learn more about your options.
In a railroad case the first step is to establish that the defendant owed a duty of good faith to the plaintiff. The plaintiff must prove that the defendant violated this duty of care by failing to protect them from harm. The plaintiff must then show that the breach of duty by the defendant was a direct reason for their injury.
A railroad worker who develops cancer as a result of their work must prove that their employer failed properly to inform them of the dangers they are exposed to. They must also prove that the negligence caused their cancer.
In one instance, 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. We argued that plaintiff's lawsuit was barred because the plaintiff had signed a release in a prior suit against the defendant.