How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses like cancer can bring a lawsuit in line with the Federal Employers' Liability Act. However it can be difficult to prove that the illness is a result of work.
For instance the worker could have signed a release when he first settled an asbestos claim and then sued for cancer that allegedly resulted from those exposures.
FELA Statute of Limitations
In many workers' compensation cases, the clock starts to tick on an injury when an injury is documented. FELA laws permit railroad employees to file a lawsuit for lung disease or cancer long after the fact. It is important to make a FELA report as soon after an injury or illness as possible.
Unfortunately, railroads will attempt to dismiss a case saying that the employee was not acting within the timeframe of three years of limitations. Courts typically use two Supreme Court cases to determine when the FELA clock starts.
They first have to determine if 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 concludes that the injuries have a connection to work, the claim is not time-barred.
Another factor to take into consideration is the the time since the railroad employee began to notice signs. If the employee has been experiencing breathing issues for a long time and attributes the problems to his or her railroad work It is likely that the employee is within the time limits. If you have concerns about your FELA claim, you should schedule an appointment with one of our lawyers.
Employers' Negligence
FELA gives railroad workers an legal basis to hold negligent employers accountable. Railroad workers are able to sue their employers in full for injuries suffered unlike other workers who are tied to worker's compensation schemes that have fixed benefits.
Our lawyers recently won the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, chronic bronchitis as well as Emphysema from their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the cancer of the plaintiffs wasn't related to their jobs on the railroad. They also claimed that the lawsuit was not allowed because it had been over three years since they discovered their health problems were related to their railroad jobs. Our Doran & Murphy lawyers were successful in proving that the railroad did not inform its employees about the dangers of asbestos and diesel exhaust while they were working, and the railroad had no safety procedures in place to protect its workers from dangerous chemicals.
Although a worker has three years from the date of their diagnosis to make a FELA lawsuit, it is always better to seek out a skilled lawyer as soon as is possible. The sooner our attorney begins gathering witness statements, evidence and other evidence the more likely it is that the claim will be successful. made.
Causation
In a personal injury case plaintiffs must prove that the actions of a defendant caused their injuries. This requirement is known as legal causation. This is why it's so crucial that an attorney analyze a claim prior filing it in the court.
Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals including carcinogens, pollutants and other contaminants. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damages can lead to debilitating illnesses such as chronic bronchitis or COPD.
One of our FELA cases involves an ex-conductor who developed debilitating asthma and chronic obstructive pulmonary disease following years of working in the cabs of trains without protection. Additionally, he developed back pain that was debilitating due to the years of pulling, pushing and lifting. His doctor told him that his back problems were a result of years of exposure to diesel fumes, which he claims, aggravated the other health issues he was suffering from.
Our lawyers were able to secure favorable court rulings on trial and a comparatively low federal jury verdict for our client in this case. The plaintiff argued that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected his physical and emotional condition and he was concerned that it would cause cancer. However, the USSC held that the railroad in question was not the sole cause of his fear of developing cancer because he previously let go of the possibility of pursuing the claim in a previous lawsuit.
Damages
If you have been injured while working on railways, you could be eligible to make a claim under the Federal Employers' Liability Act. You could be awarded damages for your injuries through this process, including compensation for medical bills and pain and suffering. However the process is complicated and you should seek the advice of an attorney for train accidents to understand your options.
csx railroad lawsuit in a railroad lawsuit is to establish that the defendant had a responsibility to the plaintiff of care. The plaintiff must demonstrate that the defendant breached the duty of care by failing to safeguard them from injury. The plaintiff must also show that the breach was the direct cause of their injuries.
A railroad worker who develops cancer due to their job must prove that the employer did not adequately inform them of the risks they face. They also must prove that their cancer was directly caused by this negligence.
In one case, a railroad company was sued by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. The plaintiff's lawsuit was time-barred, because the plaintiff had signed a waiver in a previous suit against the defendant.