How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who are suffering from occupational diseases like cancer are entitled to make a claim under the Federal Employers' Liability Act. It isn't easy to prove that a disease is related to work.
For example workers may have signed an agreement to release himself when he settled an asbestos claim, and later filed a lawsuit for cancer that may have resulted from exposures.
Bladder cancer lawsuit of Limitations
In many workers' comp cases, the clock begins to tick on an injury as soon as an injury is identified. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease or cancer after a long time. It is imperative to submit a FELA report as early after an accident or illness as soon as it is possible.
Sadly, the railroad will attempt to dismiss a case the argument that an employee's actions were not within the three-year statute of limitations. To determine when the FELA "clock" begins courts typically look to two Supreme Court decisions.
First, they will consider whether the railroad worker has a reason to believe that his or her symptoms are a result of their work. If the railroad worker is referred to a doctor, and the physician conclusively states that the injuries are work-related the claim isn't time-barred.
The second aspect is the time between the moment that the railroad worker first began to notice symptoms. If he or she is experiencing breathing difficulties for a long time and attributes the issues to their railway work it is most likely that the employee is within the time limits. If you have questions regarding your FELA claim, please schedule an appointment for a free consultation with one of our lawyers.
Employers' Negligence
FELA gives railroad workers legal grounds to hold negligent employers responsible. Unlike most other workers, who are governed by the system of worker's compensation that has fixed benefits, railroad employees can sue their employers for the full value of their injuries.
Our lawyers recently obtained the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, COPD and Emphysema due to their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the plaintiffs' cancer wasn't related to their jobs on the railroad. They also claimed that the lawsuit was not allowed due to the fact that it had been three years since they discovered their health issues were related to their work on the railroad. Our Doran & Murphy lawyers were successful in proving that the railroad never informed its employees of asbestos' dangers and diesel exhaust while they were working, and the railroad did not have safety procedures in place to safeguard its employees from the dangers of chemicals.
Although a worker has up to three years from the date of their diagnosis to start a FELA lawsuit It is always best to hire an experienced lawyer as soon as it is possible. The sooner our attorney begins gathering witness statements, evidence and other evidence and documents, the more likely a successful claim will be made.
Causation
In a personal injuries action, plaintiffs have to prove that the defendant's actions were the cause of their injuries. This is referred to as legal causation. This is the reason it's vital that an attorney study a claim prior to submitting it in court.
Diesel exhaust alone exposes railroad workers to a myriad of chemicals, including carcinogens pollutants, and other pollutants. The microscopic particles penetrate deeply into the lung tissues, causing 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 developed chronic obstructive respiratory asthma and other respiratory diseases after a long period of time in cabs without any protection. In addition, he developed back problems that were painful due to his work in lifting, pushing and pulling. His doctor advised him that these problems were the result of years of exposure diesel fumes. He believes this caused the onset of all of his other health issues.
Our attorneys were able to preserve favorable trial court rulings as well as a minimal federal juror award for our client. The plaintiff alleged that the train derailment, and subsequent release of vinyl chloride from the rail yard affected his physical condition and also his emotional state, since he was concerned that he would develop cancer. The USSC ruled that the defendant railroad did not have any responsibility for the plaintiff's anxiety about cancer, since the plaintiff had previously waived his right to sue the defendant railroad in a prior lawsuit.
Damages
If you were injured while working for a railroad company then you could be able to file a claim under the Federal Employers' Liability Act. With this option, you may be able to recover damages for your injuries, including compensation for your medical bills as well as for the suffering and pain you've endured as a result of your injury. However, this process is complex and you should consult a train accident lawyer to know your options.
The first step in a railroad lawsuit is to establish that the defendant was liable to the plaintiff under a duty of care. The plaintiff has to show that the defendant violated this duty by failing to safeguard the injured person from injury. The plaintiff must then prove that the breach of duty by the defendant was the sole reason for their injury.
A railroad worker who contracts cancer due to their job must prove that the employer failed properly to inform them of the dangers they face. They must also prove that their negligence led to their cancer.
In one instance a railroad company was sued by a former employee who claimed his cancer was caused through exposure to diesel and asbestos. We argued that plaintiff's lawsuit was not time-barred because the plaintiff had signed a release in a previous lawsuit against the defendant.