How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational illnesses such as cancer may file a lawsuit in accordance with the Federal Employers' Liability Act. However it can be difficult to prove that the condition is a result of work.
A worker, for instance might have signed a release following settling an asbestos claim. He later filed a lawsuit for a alleged cancer caused by the exposures.
Statute of Limitations under the FELA
In many workers' comp cases, the clock starts to tick on claims when an injury is reported. FELA laws, however, allow railroad employees to pursue claims for lung disease or cancer years after it has happened. This is why it's vital to obtain a FELA injury or illness report as quickly as you can.
Unfortunately, railroads will often try to get a case dismissed by arguing that the employee failed to act within the three year time frame. To determine when the FELA "clock" begins, courts often look to two Supreme Court decisions.
They first have to determine if the railroad employee had a reason to believe that their symptoms were related to their job. The claim will not be denied in the event that the railroad employee goes to the doctor and the doctor states conclusively that the injuries are due to their job.
The other aspect is the amount of time between the moment that the railroad worker first began to notice symptoms. If he or she has been suffering from breathing problems for a number of years and attributes the problem to railway work it is most likely that the railroad worker is within the time limit. Contact us for a no-cost consultation for any concerns about your FELA claims.
Employers' Negligence
FELA lays out a legal framework for railroad workers to bring employers who are negligent to account. Railroad employees are able to sue their employers in full for their injuries in contrast to other workers who are bound to worker's compensation plans with fixed benefits.
Our attorneys secured an award in a recent FELA case brought by retired Long Island Railroad machinists. They suffered from COPD chronic bronchitis and emphysema due to their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed that the plaintiffs' cancer was not connected to their work at the railroad and the lawsuit was deemed to be time-barred because it had been more than three years since they discovered that their health issues were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees of the dangers of asbestos or diesel exhaust while they were at work and the railroad did not have safety procedures in place to protect its employees from the dangers of chemicals.
It is best to engage an experienced lawyer immediately even though a worker could have up to three years to file a FELA suit from the time they were diagnosed. The sooner our attorney starts collecting witness statements, evidence, and other evidence, then the better chance there is of an effective claim.
Causation
In a personal injuries action the plaintiffs must prove that the defendant's actions were the cause of their injuries. This is known as legal causation. It is crucial that an attorney thoroughly examines a claim before filing in the court.
Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals including carcinogens, pollution and other pollutants. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. As time passes, these damage can cause debilitating conditions like chronic bronchitis and COPD.
One of our FELA cases involves an ex-train conductor who developed chronic obstructive pulmonary asthma and other respiratory diseases after a long period of time in cabins with no protection. Additionally, he was diagnosed with back pain that was debilitating due to his years of lifting, pushing and pulling. His doctor informed him that these problems were the result of years of exposure to diesel fumes which he believes aggravated his other health issues.
Our lawyers were able to keep 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 his physical and emotional state, as he feared his cancer would strike him. However, the USSC held that the railroad in question could not be the cause of the fear of developing cancer because he had previously let go of the possibility of pursuing this kind of claim in a prior lawsuit.
Damages
If you were injured while working for a railroad then you could be able to file a suit under the Federal Employers' Liability Act. You could be awarded damages for your injuries using this process, including the cost of medical bills as well as pain and suffering. This is a complicated process, and you should consult an attorney for train accidents to understand your options.
In railroad controls limited lawsuit involving railroads, the first step is to prove the defendant was bound by a duty of good faith to the plaintiff. The plaintiff must then prove that the defendant violated this duty by failing to protect the injured person from harm. The plaintiff must also demonstrate that this breach was a direct cause of their injury.
For example, a railroad worker who contracted cancer due to their work on the railroad must prove that their employer did not adequately warn them of the dangers associated with their job. They also must demonstrate that their cancer was directly caused by the negligence of their employer.
In one case we defended a railroad company against a suit brought by an employee who claimed that his cancer was the result of exposure to diesel and asbestos. We argued that the plaintiff's claim was barred because he had signed a release in a previous suit against the defendant.