How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who suffer from occupational diseases like cancer can bring a lawsuit under the Federal Employers' Liability Act. It can be difficult to prove that a health issue is related to work.
For instance, a worker may have signed an indemnity agreement when he initially settled an asbestos claim and then sued later for cancer that was allegedly resulting from exposures.
Statute of Limitations under the FELA
In many workers' compensation cases the clock begins to run on a claim from when an injury is discovered. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease or cancer, even years after the fact. It is imperative to make a FELA report as early after an injury or illness as you can.
Sadly, railroads often attempt to dismiss a case by arguing that the employee did not act within the three year time limit. To determine when the FELA "clock" starts, courts often look to two Supreme Court decisions.
First, csx railroad lawsuit must consider whether the railroad employee is aware that his or her ailments are related to work. If the railroad worker goes to a doctor and the doctor is able to prove that the injuries are due to work the claim is not time-barred.
The other aspect is the time before the railroad employee noticed symptoms. If the railroad employee has had breathing issues for a while and attributes the issue to his or her work on the rails, the statute of limitations is likely to be applicable. If you have concerns regarding your FELA claim, you should schedule a free consultation with our lawyers.
Employers' Negligence
FELA gives railroad employees legal grounds to hold negligent employers responsible. Railroad employees are able to sue their employers in full for their injuries unlike other workers, who are subject to worker's compensation schemes that have fixed benefits.
Our lawyers recently obtained a verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who suffered COPD, chronic bronchitis and Emphysema from their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed the cancer of the plaintiffs was not connected to their work at the railroad and that the lawsuit was barred since it was three years since they discovered that their health problems were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad didn't inform its employees of the dangers of asbestos and diesel exhaust while they were working, and the railroad did not have safety procedures in place to protect its workers from harmful chemicals.
Although a person has up to three years from the date of diagnosis to make a FELA lawsuit It is always best to hire an experienced lawyer as soon as it is possible. The earlier our lawyer starts collecting witness statements, records and other evidence and documents, the more likely it is that a successful claim can be made.
Causation
In a personal injuries lawsuit, plaintiffs have to prove that the defendant's actions are at fault for their injuries. This requirement is known as legal causation. This is why it's so vital that an attorney examine a claim before filing it in court.
Diesel exhaust alone exposes railroad workers to a myriad of chemicals that include carcinogens pollutants, and other pollutants. These microscopic particles are able to penetrate deep 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 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. In addition, he developed back pain that was debilitating as a result of his long hours of pulling, pushing and lifting. His doctor told him these issues were the result of decades of exposure to diesel fumes. He claims that this has aggravated all of his health problems.
Our attorneys were able to keep favorable trial court rulings as well as a modest federal juror award for our client. The plaintiff alleged that the train derailment and the subsequent release of vinyl chloride from the rail yard impacted his physical health and also his emotional state, as he was worried that he would develop cancer. However the USSC declared that the railroad defendant was not the sole cause of the fear of developing cancer because he previously waived the right to bring the claim in a prior lawsuit.
Damages
If you've been injured while working for a railroad, you may be able to pursue a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries via this avenue, including reimbursement for medical expenses and pain and suffering. This process is complex and you should speak with a lawyer for train accidents to know your options.
In a railroad case the first step is to show the defendant owed the duty of good faith to the plaintiff. The plaintiff must show that the defendant breached the duty of care by failing to safeguard them from harm. The plaintiff must also prove that the violation was the direct cause of their injuries.
A railroad worker who contracts cancer as a result of their work must prove that their employer did not adequately warn them about the risks they face. They must also prove that their cancer was directly caused by this negligence.
In one instance the railroad company was sued by a former employee who claimed his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's suit was barred by time because the plaintiff had signed a release in a previous suit against the defendant.