How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who are suffering from occupational diseases such as cancer have the right to bring a lawsuit under the Federal Employers' Liability Act. It isn't always easy to prove that a health issue is related to work.
For instance workers may have signed an indemnity agreement when he initially settled an asbestos lawsuit and then later sued for cancer that allegedly resulted from exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock begins in a claim at the moment an injury is reported. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease or cancer long after the fact. It is essential to make an FELA report as soon after injury or illness as you can.
Unfortunately, railroads will often attempt to get a case dismissed by arguing that the employee failed to act within the three-year time limit. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.
They will first consider whether the railroad employee had reason to believe that his or symptoms were connected to their job. If class action lawsuit against union pacific railroad to a doctor, and the doctor concludes that the injuries are work-related, the claim is not time-barred.
The other aspect is the time from the time that the railroad employee first noticed the symptoms. If the railroad employee has suffered from breathing issues for a number of years and attributes the issue to his or work on rails, then the statute of limitation is likely to be applicable. If you have concerns regarding your FELA claim, please set up a a free consultation with our lawyers.
Employers' Negligence
FELA establishes a legal framework for railroad workers to make employers accountable for their actions. Contrary to most other workers who are governed by worker's compensation systems with pre-determined benefits, railroad workers are able to sue their employers for the full value of their injuries.
Our lawyers won an award recently in a FELA case filed by retired Long Island Railroad machinists. They suffered from COPD chronic bronchitis and emphysema due to their exposure to asbestos while 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. They also claimed that the lawsuit was barred because it was more than three years since the plaintiffs discovered their health problems were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees of asbestos's dangers and diesel exhaust while working and that the railroad did not have safety procedures in place to shield its workers from harmful chemicals.
It is better to hire an experienced lawyer when you can, even though a worker could have up to three years to submit a FELA suit from the time they were diagnosed. The sooner our attorney starts collecting witness statements, documents and other evidence the greater chance there is of winning the case.
Causation
In a personal injuries lawsuit, plaintiffs have to prove that the defendant's actions are accountable for their injuries. This is referred to as legal causation. It is vital that an attorney has a thorough examination of any claim before submitting it to the court.
Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals, including carcinogens pollution and other pollutants. These microscopic particles get into lung tissues, causing inflammation and damage. As time passes, these damages accumulate and result in debilitating conditions like chronic bronchitis and COPD.
One of our FELA cases involves an ex-conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease following many years in the cabs of trains without protection. In addition, he developed back problems that were painful due to his long hours of pulling, pushing and lifting. His doctor told him that these problems were the result of his exposure to diesel fumes, which he claimed aggravated his other health issues.
Our lawyers were able preserve favorable trial court rulings as well as a minimal federal juror award for our client. The plaintiff claimed that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected his physical and emotional condition, as he feared his cancer would strike him. However, the USSC found that the railroad in question was not the sole cause of his fear of developing cancer because he had previously let go of the possibility of pursuing such a claim in a previous lawsuit.
Damages
If you've suffered an injury during your employment on an railroad, you could be able to pursue a lawsuit under the Federal Employers' Liability Act. You could be awarded damages for your injuries using this method, which could include reimbursement for medical expenses and pain and suffering. However the process is complicated and you should seek the advice of a lawyer who handles train accidents to know your options.
The first step in a railroad lawsuit is to show that the defendant was liable to the plaintiff under a duty of care. The plaintiff must show that the defendant breached this duty of care by failing to safeguard them from harm. The plaintiff must then show that the defendant's breach of duty was the primary cause of their injury.
A railroad worker who develops cancer as a result of their work must prove that their employer failed properly to warn them about the dangers they could face. They must also prove that their negligence caused their cancer.
In one case one railroad company was accused of wrongful conduct by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. We argued that the plaintiff's claim was time-barred, because the plaintiff had signed a consent form in a previous suit against the defendant.