How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad workers who suffer from occupational diseases, such as cancer, have the right to file a lawsuit under the Federal Employers' Liability Act. However it can be difficult to prove that the illness is work-related.
For instance, a worker, may have signed a release after settling an asbestos claim. Then, he sued for a alleged cancer resulted from exposure to asbestos.
FELA Statute of Limitations
In many workers' compensation cases, the clock starts clocking on a claim when an injury is documented. However, FELA laws allow railroad employees to file a lawsuit against the growth of lung disease and cancer long after the fact. It is important to make a FELA report as soon after accident or illness as soon as it is possible.
Sadly, railroads often try to get a case dismissed by arguing that the employee failed to act within the three-year time frame. To determine when the FELA "clock" starts, courts often look to two Supreme Court decisions.
They will first consider whether the railroad employee had any reason to believe that his or symptoms were related to their job. If the railroad employee visits to a doctor, and the doctor is able to prove that the injuries are related to work the claim is not time-barred.
Another factor to take into consideration is the length of the time since the railroad worker began to notice symptoms. If the railroad employee has been having breathing issues for a while and attributes the issue to his or work on the rails then the statute of limitations will likely to apply. If railroad lawsuit are concerned about your FELA claim, you should schedule a free consultation with our lawyers.
Employers' Negligence
FELA provides a legal foundation for railroad employees to hold negligent employers accountable. Contrary to most other workers who are governed by compensation systems for workers with fixed benefits, railroad employees are allowed to sue their employers for the full amount of their injuries.
Our lawyers recently won the verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, chronic bronchitis and Emphysema due to their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed that the plaintiffs' cancer was not related to their work at the railroad and the lawsuit was barred due to the fact that it had been three years since they discovered their health problems were related to their railroad jobs. Our Doran & Murphy lawyers were able to show that the railroad never informed its employees of the dangers of asbestos or diesel exhaust while they were at work and the railroad did not have safety procedures in place to shield its employees from the dangers of chemicals.
It is best to engage a lawyer with experience as soon as you can even though a worker could have up to three years to make a FELA suit from the date they were diagnosed. The earlier our lawyer starts gathering witness statements, records and other evidence more likely it is that a successful claim will be filed.
Causation
In a personal injuries action the plaintiffs must prove that the defendant's actions are at fault for their injuries. This is referred to as legal causation. It is important that an attorney has a thorough examination of a claim before filing in court.
Railroad workers are exposed to a variety of chemicals, including carcinogens as well as other pollutants, from diesel exhaust alone. These microscopic particles get into the lung tissue and cause inflammation and damage. Over time, these damage accumulate and result in debilitating conditions such as chronic asthma and COPD.
One of our FELA cases is an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease after years of working in the cabs of trains without any protection. Also, he developed back issues because of his constant pushing and lifting. His doctor advised him that these back issues were the result of years of exposure to diesel fumes which he believes aggravated his other health issues.
Our attorneys successfully preserved favorable trial court rulings and a minimal federal jury award for our client in this case. The plaintiff argued that the derailment of the train and subsequent release vinyl chloride into the rail yard affected both his physical and emotional condition and he was concerned that it would cause cancer. The USSC determined that the railroad defendant was not at fault for the plaintiff's anxiety about cancer since the plaintiff already waived his rights to sue the railroad defendant in a previous lawsuit.
Damages
If you've suffered an injury while working for a railroad then you could be able to file a claim under the Federal Employers' Liability Act. This means that you could recover damages for your injuries, including compensation for your medical bills as well as the pain and suffering you have suffered as a result of your injury. This is a complicated process, 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 show the defendant was bound by the duty of good faith to the plaintiff. The plaintiff has to show that the defendant violated this duty by failing to safeguard the person injured from harm. The plaintiff should then demonstrate that the defendant's breach of duty was the direct cause of their injury.
A railroad worker who develops cancer as a result of their work must prove that the employer failed properly to warn them of the dangers they are exposed to. They must also prove that the negligence led to their cancer.
In one case one railroad company was sued by a former worker who claimed that his cancer was caused through exposure to diesel and asbestos. We argued that the plaintiff's claim was barred because the plaintiff had signed a release in a prior suit against the defendant.