How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who suffer from occupational diseases such as cancer have the right to make a claim under the Federal Employers' Liability Act. It isn't easy to prove that a disease is linked to work.
For example an employee may have signed an indemnity agreement when he initially settled an asbestos claim, and later filed a lawsuit for cancer allegedly resulting from exposures.
Statute of Limitations under the FELA
In a lot of workers' compensation cases, the clock begins to run on the claim as soon as an injury is documented. FELA laws permit railroad employees to pursue claims for lung disease or cancer long after the incident has occurred. This is why it is crucial to file a FELA injury or illness report as soon as possible.
Sadly, cancer lawsuits will attempt to dismiss a case by asserting that the employee did not act within the three-year statute of limitations. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.
First, they will consider whether the railroad employee is aware that the symptoms are related to work. The claim is not void when the railroad worker goes to the doctor and the doctor is able to prove that the injuries were due to their job.
Another factor to take into consideration is the length of time since the railroad employee started to notice signs. If he or she has been experiencing breathing issues for a long time and attributes the issues to work on the rails It is likely that the railroad worker is within the time limits. If Bladder cancer lawsuit have concerns regarding your FELA claim, please schedule an appointment for a free consultation with one of our lawyers.
Employers' Negligence
FELA sets out an legal foundation for railroad workers to ensure that negligent employers are held accountable. As opposed to Leukemia lawsuit who are governed by the system of worker's compensation that has fixed benefits, railroad employees are able to sue their employers for the full value of their injuries.
Our attorneys secured an award recently in a FELA case filed by retired Long Island Railroad machinists. They developed COPD chronic bronchitis and emphysema from 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 railroad jobs and the lawsuit was not 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 attorneys were capable of proving that the railroad had not informed its employees about the dangers of diesel exhaust and asbestos while they were working and had no safety procedures to protect their employees from the dangers of hazardous chemicals.
Although a worker has up to three years from the date of their diagnosis to file a FELA lawsuit It is always best to seek out a skilled lawyer as soon as is possible. The sooner we can get our attorney started collecting witness statements, records and other evidence then the better chance there is of a successful claim.
Causation
In a personal injury action the plaintiffs must prove that the defendant's actions are responsible for their injuries. This is known as legal causation. It is crucial that an attorney examines claims prior to filing in court.
Railroad workers are exposed chemicals, including carcinogens as well as other harmful substances, through diesel exhaust on its own. These microscopic particulates penetrate deep into lung tissue, causing inflammation and damage. As time passes, these damage can cause debilitating conditions such as chronic bronchitis or COPD.
One of our FELA case involves a former train conductor who developed chronic obstructive respiratory diseases and asthma after a long period of time in cabins with no protection. In addition, he developed back problems that were painful due to his work in pulling, pushing and lifting. His doctor advised him that these problems were the result of years of exposure to diesel fumes, which he believes aggravated his other health issues.
Our attorneys were able to preserve favorable trial court rulings and also a modest federal juror award for our client. The plaintiff claimed that the derailment of the train and subsequent release vinyl chloride into the rail yard affected both his physical and mental health and he was concerned that he would get cancer. However, the USSC found that the railroad in question could not be responsible for his fear of developing cancer because he had previously gave up the right to pursue such a claim in a previous lawsuit.
Damages
If you've been injured while working for a railroad, you may qualify to file a suit under the Federal Employers' Liability Act. You could receive damages for your injuries using this method, which could include the payment of medical bills and pain and suffering. However, this process is complex and you should talk to a lawyer who handles train accidents to know your options.
The first step in a railroad lawsuit is to establish that the defendant had a responsibility to the plaintiff of care. The plaintiff must show that the defendant breached the duty of care by failing to protect them from injury. Finally, the plaintiff must prove that the violation was the direct cause of their injury.
A railroad worker who contracts cancer as a result of their work must prove that the employer failed properly to warn them about the dangers they could face. They must also demonstrate that their cancer was directly caused by this negligence.
In one case we defended a railroad firm against a suit brought by an employee who claimed that his cancer was caused by exposure to asbestos and diesel. The plaintiff's lawsuit was time-barred, because the plaintiff had signed a waiver in a previous lawsuit against the defendant.