How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses such as cancer may bring a lawsuit in line with the Federal Employers' Liability Act. However, it can be challenging to prove that the disease is related to work.
For example an employee may have signed an agreement when he first settled an asbestos claim and later filed a lawsuit for cancer that may have resulted from those exposures.
FELA Statute of Limitations
In a lot of workers' compensation cases, the clock starts to run on an injury as soon as an injury is reported. FELA laws, however, allow railroad employees to sue for lung diseases or cancer long after the fact. It is imperative to make an FELA report as soon after an injury or illness as you can.
Unfortunately, railroads will often try to get a case dismissed by arguing that the employee failed to act within the three year limitation period. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.
First, they must consider whether the railroad employee has a reason to believe that the symptoms are related to work. If the railroad worker is referred to a doctor, and the doctor affirms in a conclusive manner that the injuries have a connection to work, the claim is not time barred.
The other aspect is the length of time from the time that the railroad employee first began to notice symptoms. If the employee has been suffering from breathing problems for a number of years and attributes the problem to their work on the rails it is most likely that the railroad employee is within the time limit. If you are concerned about your FELA claim, you can schedule a an appointment with one of our lawyers.
Employers' Negligence
FELA provides the legal basis for railroad employees to bring employers who are negligent to account. Railroad employees can sue their employers in full for injuries suffered in contrast to other workers who are confined to worker's compensation programs with fixed benefits.
Our attorneys obtained the verdict in a FELA case brought by retired Long Island Railroad machinists. They developed COPD, chronic bronchitis, and emphysema from their asbestos exposure when working on locomotives. The jury awarded them $16,400,000 in damages.
union pacific railroad lawsuits claimed that the cancer of the plaintiffs wasn't related to their jobs at the railroad and the lawsuit was not allowed due to the fact that it had been three years since they discovered their health issues were linked to their railroad jobs. Our Doran & Murphy attorneys were capable of proving that the railroad did not informed its employees about the dangers of asbestos and diesel exhaust while they were working and did not have any security measures to shield their employees from the dangers of hazardous chemicals.
Although a person has three years from the date of diagnosis to submit a FELA lawsuit It is always best to retain a professional lawyer as soon as is possible. The sooner we can get our attorney started collecting witness statements, documents and other evidence then the better chance there is of winning the case.
Causation
In a personal injury lawsuit plaintiffs must prove that the defendant's actions were at fault for their injuries. This requirement is called legal causation. It is crucial that an attorney examines a claim before filing in the court.
Diesel exhaust is the only source that exposes railroad workers to a myriad of chemicals, including carcinogens, pollutants, and other pollutants. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. As time passes, these damage can lead to debilitating illnesses such as chronic bronchitis or COPD.
One of our FELA case involves an ex-train conductor who developed chronic obstructive respiratory illnesses and asthma after spending decades in the cabins, with no protection. Additionally, he developed debilitating back problems as a result of his years of pulling, pushing and lifting. His doctor told him that these issues were the result of years of exposure to diesel fumes, which he claims exacerbated his 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 vinyl chloride into the rail yard impacted his physical and psychological condition because he was afraid it would cause cancer. The USSC decided that the defendant railroad was not responsible for the plaintiff's fears of cancer since the plaintiff had previously renounced his right to sue the defendant railroad in a previous lawsuit.
Damages
If you have suffered an injury during your employment on an railroad, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. With this option, you may be able to recover damages for your injuries, including reimbursement for medical expenses and suffering and pain you've suffered as a result your injury. However this process is not easy and you should consult a train accident lawyer to know your options.
In a case involving railroads, the first step is to establish that the defendant owed the duty of good faith to the plaintiff. The plaintiff must then prove that the defendant breached this obligation by failing to protect the person injured from harm. The plaintiff should then demonstrate that the breach of duty by the defendant was the sole reason for the injury.
A railroad worker who contracts cancer as a result of their work must prove that their employer failed properly to warn them of the dangers they face. They also must prove that their cancer was directly caused by the negligence of their employer.
In one case, we defended a railroad corporation against a lawsuit brought by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's suit was time-barred, because the plaintiff had signed a consent form in a prior suit against the defendant.