How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad workers who suffer from occupational diseases like cancer are entitled to file a lawsuit under the Federal Employers' Liability Act. However, it can be challenging to prove that the condition is work-related.
For example the worker could have signed an agreement to release himself when he settled an asbestos claim and then sued later for cancer that may have resulted from those exposures.
FELA Statute of Limitations
In many workers' compensation cases the clock starts ticking on a claim when an injury is reported. FELA laws, however, allow railroad employees to sue for lung diseases or cancer for years after it has occurred. It is essential to file a FELA report as shortly after an injury or illness as possible.
Sadly, railroads often attempt to dismiss a case by arguing that the employee did not comply with the three-year statute of limitations. Courts often use two Supreme Court cases to determine when the FELA clock starts.
They will first consider whether the railroad employee had a reason to believe that their symptoms were connected to their job. If the railroad worker is referred to a doctor, and the physician conclusively states that the injuries have a connection to work, the claim is not time barred.
Another factor to take into consideration is the duration of time that has passed since the railroad employee began to notice symptoms. If he or she has been experiencing breathing difficulties for several years and ascribes the problems to the working on rails it is likely that the railroad worker is within the time limit. If you have concerns regarding your FELA claim, please schedule an appointment for a no-cost consultation with our lawyers.
Employers' Negligence
FELA sets out the legal basis for railroad workers to bring employers who are negligent to account. Contrary to most other workers who are governed by compensation systems for workers with set benefits, railroad employees can sue employers for the full value of their injuries.
Our attorneys obtained an award recently in a FELA case brought by retired Long Island Railroad machinists. They were diagnosed with COPD chronic bronchitis and emphysema due to 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 wasn't linked to their job on the railroad and that the lawsuit was thrown out because it was more than three years since they discovered their health problems were linked to their work at the railroad. Our Doran & Murphy attorneys were capable of proving that the railroad had never given its employees any information about the dangers of diesel exhaust and asbestos when they were working, and did not have safety measures to protect their workers from dangerous chemicals.
It is better to hire an experienced lawyer as soon as you can even though a worker may have up to three years to start a FELA suit from the date they were diagnosed. The sooner your lawyer starts collecting witness statements, documents and other evidence then the greater chance is of winning the case.
Causation
In a personal injuries lawsuit plaintiffs must prove that the defendant's actions were responsible for their injuries. This is referred to as legal causation. It is crucial that an attorney thoroughly examines a claim before filing in court.
Diesel exhaust alone exposes railroad workers to a myriad of chemicals that include carcinogens pollutants and other contaminants. blacklands railroad lawsuit are able to penetrate deep into the lung tissue and cause inflammation and damage. As time passes, these damage can cause debilitating conditions such as chronic bronchitis or COPD.
One of our FELA cases is a former conductor who suffered from debilitating asthma as well as chronic obstructive pulmonary disease after decades spent in train cabs without protection. Additionally, he was diagnosed with debilitating back problems due to his years of pulling, pushing and lifting. His doctor advised him that these problems were caused by long-term exposure to diesel fumes. He claims this exacerbated all of his health issues.
Our lawyers were able keep favorable trial court rulings and also a modest federal juror award for our client. The plaintiff claimed that the derailment of the train and the subsequent release vinyl chloride into the rail yard affected both his physical and mental health because he was afraid he would get cancer. However, the USSC determined that the railroad defendant could not be responsible for his fear of developing cancer because he previously released his ability to pursue the claim in a prior lawsuit.
Damages
If you have suffered an injury when working on railways, you could be able to file a lawsuit under the Federal Employers' Liability Act. Through this avenue, you can seek damages for your injuries, which could include reimbursement for medical expenses and suffering and pain you've endured as a result of your injury. This process is complicated, and you should consult with a lawyer for train accidents to understand your options.
The first step in a railroad lawsuit is to show that the defendant had a responsibility to the plaintiff of care. The plaintiff must prove that the defendant violated this duty of care by failing to safeguard them from harm. In addition, the plaintiff must show that the breach was a direct reason for their injury.
A railroad worker who develops cancer as a result of their work must prove that the employer failed properly to warn them about the dangers they face. They must also prove that their negligence led to their cancer.
In one case we defended a railroad against a lawsuit filed by an employee who claimed that his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's suit was barred by time because the plaintiff had signed a consent form in a previous lawsuit against the defendant.