How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad workers who suffer from occupational illnesses such as cancer are entitled to file a lawsuit under the Federal Employers' Liability Act. It isn't easy to prove a disease is connected to work.
For example, a worker may have signed an agreement to release himself when he settled an asbestos claim and then sued for cancer allegedly resulting from those exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock begins in a claim at the moment an injury is declared. FELA laws permit railroad employees to sue for lung diseases or cancer years after it has occurred. It is important to submit a FELA report as early after an injury or illness as you can.
Unfortunately, railroads will try to dismiss a case by the argument that an employee's actions were not within the timeframe of three years of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock begins.
They must first determine if the railroad employee had any reason to believe that his or her symptoms were connected to their job. The claim is not barred when the railroad employee consults a doctor, and the doctor concludes that the injuries were 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 railroad employee has been suffering from breathing issues for a long time and attributes the problem to his or her work on the rails, the statute of limitation is likely to be applicable. Contact union pacific railroad lawsuit for a no-cost consultation in case you have questions regarding your FELA claims.
Employers' Negligence
FELA provides railroad workers with an legal basis to hold negligent employers accountable. Railroad workers are able to sue their employers in full for their injuries, unlike most other workers who are bound to worker's compensation schemes that have fixed benefits.
Our lawyers won an award in a recent FELA case filed by retired Long Island Railroad machinists. They suffered from COPD, chronic bronchitis, and emphysema due to their asbestos exposure when working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the plaintiffs' cancer wasn't related to their jobs on the railroad, and that the lawsuit was dismissed because it was more than three years since they discovered that their health issues were related to their work at the railroad. 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 worked and did not have any security measures to shield their workers from dangerous chemicals.
It is advisable to hire a lawyer with experience immediately even though an employee could have up to three years to start an FELA lawsuit from the date they were diagnosed. The earlier our lawyer starts collecting witness statements, records and other evidence and documents, the more likely an effective claim can be filed.
Causation
In a personal injury case plaintiffs must show that the actions of a defendant caused their injuries. This requirement is called legal causation. This is why it's so vital that an attorney analyze a claim prior filing it in the court.
Diesel exhaust alone exposes railroad workers to hundreds of chemicals, including carcinogens, pollution and other pollutants. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. As time passes, these damage can lead to debilitating illnesses such as chronic bronchitis or COPD.
One of our FELA cases involves a former conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease following decades of working in the cabs of trains without protection. He also experienced back pain because of his constant pushing and lifting. His doctor informed him that his back problems were a result of years of exposure to diesel fumes, which he claimed aggravated his other health issues.
Our lawyers successfully defended favorable court rulings on trial as well as a small federal jury award 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 impacted his physical and emotional condition because he was afraid the possibility of developing cancer. The USSC decided that the railroad defendant was not responsible for the plaintiff's fears of cancer since the plaintiff had previously renounced his right sue the defendant railroad in a prior lawsuit.
Damages
If you have suffered an injury while working on the railroad, you could be able to file a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries through this process, including the cost of medical bills as well as pain and suffering. This process is complicated and you should speak with a train accident attorney to learn more about your options.
The first step in a railroad lawsuit is to demonstrate that the defendant was liable to the plaintiff under a duty of care. The plaintiff must then prove that the defendant violated this obligation by failing to protect the injured person from harm. The plaintiff then has to prove that the defendant's breach of duty was the direct cause of their injury.
union pacific railroad lawsuit who contracts cancer due to their work must prove that their employer did not adequately warn them of the dangers they are exposed to. They must also prove that their negligence led to their cancer.
In Bladder cancer lawsuit defended a railroad corporation against a lawsuit brought by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. We asserted that the plaintiff's suit was time-barred because he executed an earlier release in a separate suit against the same defendant.