How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational illnesses like cancer can bring a lawsuit in line with the Federal Employers' Liability Act. It isn't easy to prove that a health issue is connected to work.
For example an employee may have signed a release when he first settled an asbestos claim, and then later sued for cancer that may have resulted from those exposures.
FELA Statute of Limitations
In many workers' compensation cases, the clock starts clocking on a claim the moment an injury is documented. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease and cancer years after the fact. This is why it's vital to obtain an FELA injury or illness report as soon as possible.
Sadly, railroads often try to get a case dismissed by arguing that the employee failed to act within the three-year statute of limitations. To determine when the FELA "clock" begins courts typically look to two Supreme Court decisions.
The first thing they'll consider is whether the railroad employee is aware that his or her symptoms are related to work. The claim is not barred when the railroad worker consults a doctor, and the doctor states conclusively that the injuries are due to their work.
Another factor to take into consideration is the duration of time that has passed since the railroad employee started to notice symptoms. If the employee is experiencing breathing difficulties for a long time and attributes the issues to the work on the rails, then it is likely that the employee is within the time limits. Please contact us for a no-cost consultation for any concerns regarding your FELA claims.
Employers' Negligence
FELA provides a legal framework for railroad workers to hold negligent employers accountable. Railroad employees can sue their employers in full for their injuries in contrast to other workers who are confined to worker's compensation programs with fixed benefits.
Our lawyers recently won an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered from COPD chronic bronchitis, 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 linked to their work at the railroad and the lawsuit was deemed to be time-barred since it was three years since they realized that their health issues were a result of their railroad work. Our Doran & Murphy lawyers were able to show that the railroad never informed its employees of asbestos' dangers and diesel exhaust while they were working and that the railroad did not have safety procedures in place to safeguard its employees from hazardous chemicals.
While a worker can have up to three years from the date of diagnosis to file a FELA lawsuit, it is always better to seek out a skilled lawyer as soon as it is possible. The sooner your lawyer starts collecting witness statements, records and other evidence the better chance is of winning the case.
Causation
In a personal injury action, plaintiffs have to prove that the defendant's actions were at fault for their injuries. This is known as legal causation. This is the reason it's important that an attorney take the time to study a claim prior to submitting it in the court.
Railroad workers are exposed chemicals, including carcinogens and other pollutants, through diesel exhaust by itself. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. Over time, these damage become more severe and lead to conditions like 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. In addition, he developed back problems that were painful due to his long hours of pulling, pushing and lifting. His doctor informed him that these issues were the result of his exposure to diesel fumes which he claims exacerbated his other health issues.
Our attorneys were able to keep favorable trial court rulings and also a modest 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 his emotional state, as he was worried that he might develop cancer. However the USSC found that the defendant railroad could not be responsible for the fear of developing cancer because he had previously gave up the right to pursue the claim in a previous lawsuit.
Damages
If you've been injured while working for a railroad company then you could be able to file a claim under the Federal Employers' Liability Act. You could receive damages for your injuries through this avenue, including compensation for medical bills and pain and suffering. The process is a bit complicated and you should speak with a train accident lawyer to understand your options.
The first step in a railroad lawsuit is to demonstrate that the defendant owed the plaintiff a duty of care. The plaintiff must prove that the defendant breached this duty of care by failing to protect them from injury. Finally, the plaintiff has to demonstrate that this breach was a direct cause of their injury.
A railroad worker who contracts cancer due to their work must prove that the employer did not adequately warn them of the dangers they are exposed to. They also must demonstrate that their cancer was directly caused by the negligence of their employer.
In one case one railroad company was accused of wrongful conduct by a former employee who claimed that his cancer was caused by exposure to diesel fumes and asbestos. railroad controls limited lawsuit were of the opinion that the plaintiff's lawsuit was barred because he had signed an earlier release in another lawsuit against the same defendant.