How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who are suffering from occupational diseases such as cancer can bring a lawsuit under the Federal Employers' Liability Act. However it can be difficult to prove that the condition is work-related.
For instance an employee may have signed an agreement when he first settled an asbestos claim and then sued for cancer allegedly resulting from exposures.
Statute of Limitations under the FELA
In many workers' compensation cases the clock starts clocking on a claim the moment an injury is declared. However, FELA laws allow railroad employees to file a lawsuit for the development of lung disease and cancer after a long time. It is important to submit an FELA report as soon after an injury or illness as possible.
Unfortunately, railroads will attempt to dismiss a case by arguing that an employee's actions were not within the three-year statute of limitations. Courts often rely on two Supreme Court cases to determine when the FELA clock starts.
The first thing to consider is whether the railroad employee had reason to believe that the symptoms were connected to their job. If the railroad employee goes to a doctor, and the doctor affirms in a conclusive manner that the injuries are due to work then the claim isn't time barred.
Another factor to take into consideration is the length of time from the time the railroad employee first began to notice signs. If the railroad employee has suffered from breathing issues for a while, and attributes the problem to his or work on the rails then the statute of limitations is likely to be applicable. Contact us for a free consultation if you have any concerns about your FELA claims.
Employers' Negligence
FELA provides a legal foundation for railroad employees to hold negligent employers accountable. In union pacific railroad lawsuit to other workers, who are bound by compensation systems for workers with defined benefits, railroad workers can sue their employers for the full amount of their injuries.
Our lawyers recently obtained the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, COPD and Emphysema due to their exposure to asbestos when working on locomotives. Bladder cancer lawsuit awarded them damages of $16,400,000.
The railroad claimed that the plaintiffs' cancer was not related to their work on the railroad, and that the lawsuit was thrown out due to the fact that it had been three years since they discovered their health problems were linked to their railroad work. union pacific railroad lawsuit & Murphy attorneys were successful in proving that the railroad never given its employees any information about the dangers of diesel exhaust and asbestos while they were working and did not have safety protocols to protect its employees from the dangers of hazardous chemicals.
It is recommended to hire a lawyer with experience immediately even though a person may have up to three years to start an FELA lawsuit from the date they were diagnosed. The earlier our lawyer starts collecting witness statements, documents and other evidence the more likely it is that the claim will be successful. made.
Causation
In a personal injuries lawsuit the plaintiffs must prove that the defendant's actions are the cause of their injuries. This requirement is called legal causation. It is essential that an attorney examines the claim prior to filing it in the court.
Diesel exhaust alone exposes railroad workers to hundreds of chemicals that include carcinogens pollution and other pollutants. These microscopic particles get into the lung tissue, causing inflammation as well as damage. Over time, the damages build up and cause debilitating conditions like chronic bronchitis and COPD.
One of our FELA cases is a former conductor who was diagnosed with severe asthma and chronic obstructive respiratory disease following many years in the cabs of trains without protection. He also experienced back pain due to the years of lifting and pushing. His doctor informed him that these problems were caused by years of exposure diesel fumes. He claims that this led to the aggravation of all of his health issues.
Our lawyers were able retain favorable court rulings in trial as well as a modest federal juror award for our client. The plaintiff claimed that the derailment of the train and the subsequent release of vinyl chloride into the rail yard impacted his physical and emotional condition since he was worried that he would get cancer. However cancer lawsuits declared that the railroad in question could not be the cause of 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 suffered an injury while working for a railroad company, you may qualify to file a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries using this avenue, including the payment of medical bills and pain and suffering. However the process is complicated and you should consult a lawyer who handles train accidents to learn more about your options.
In a railroad case, the first step is to prove the defendant had a duty of good faith to the plaintiff. cancer lawsuit has to prove that the defendant violated this obligation by failing in protecting the person injured from injury. The plaintiff must also show that the violation was the direct reason for their injury.
For example railway workers who develops cancer as a result of their working for the railroad has to prove that their employer did not adequately warn them about the dangers of their job. They must also prove that their cancer was directly caused by this negligence.
In one instance, we defended a railroad corporation against a lawsuit filed by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's action was barred by time because he signed an earlier release in another suit against the same defendant.