How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who suffer from occupational diseases such as cancer can pursue a lawsuit under Federal Employers' Liability Act. However it can be difficult to prove that the illness is caused by work.
For example the worker could have signed an indemnity agreement when he initially settled an asbestos claim and then later sued for cancer allegedly resulting from those exposures.
wasatch railroad contractors lawsuit of Limitations under the FELA
In many workers' compensation cases, the clock begins ticking on a claim the moment an injury is discovered. FELA laws, however, allow railroad employees to pursue claims for lung disease or cancer for years after it has happened. This is why it is essential to file an FELA injury or illness report as soon as possible.
Sadly, the railroad will try to dismiss a case arguing that an employee was not acting within the timeframe of three years of limitations. To determine when the FELA "clock" begins courts usually look to two Supreme Court decisions.
In the beginning, they will determine whether the railroad employee has a reason to believe that his or her symptoms are a result of their work. If the railroad employee visits to a doctor, and the doctor affirms in a conclusive manner that the injuries are work-related the claim is not time-barred.
The other aspect is the amount of time from the time that the railroad employee first began to notice symptoms. If the railroad employee has been having breathing issues for a while and attributes the problem to his or her work on the rails, the statute of limitation will likely to apply. Contact us for a no-cost consultation should you have any questions about your FELA claims.
Employers' Negligence
FELA sets out the legal basis for railroad workers to ensure that negligent employers are held accountable. Contrary to most other workers who are bound to worker's compensation systems that have defined benefits, railroad workers can sue their employers for the full amount of their injuries.
Our attorneys recently won an award in a FELA lawsuit filed by three retired Long Island Railroad machinists who developed COPD, chronic bronchitis and Emphysema because of their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed the cancer of the plaintiffs was not related to their railroad work and the lawsuit was time-barred because it had been more than three years since they found out that their health issues were a result of their railroad work. Our Doran & Murphy attorneys were capable of proving that the railroad did not provided its employees with information about the dangers of asbestos and diesel exhaust when they were working, and did not have any security measures to shield their workers from harmful chemicals.
It is recommended to hire a lawyer with experience when you can, even though a worker may have up to three years to start an FELA lawsuit from the date they were diagnosed. The sooner our attorney begins gathering witness statements, evidence and other evidence and documents, the more likely a successful claim can be made.
Causation
In a personal injury lawsuit plaintiffs must show that the defendant's actions are at fault for their injuries. This is known as legal causation. This is why it's so important that an attorney thoroughly review a claim prior to filing it in the court.
Railroad workers are exposed chemicals, including carcinogens and other contaminants, via diesel exhaust alone. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. In time, these injuries could lead to debilitating ailments like chronic bronchitis and COPD.
One of our FELA case involves an ex-train conductor who developed chronic obstructive lung illnesses and asthma after a long period of time in cabs without any protection. Additionally, he developed back pains that were debilitating as a result of his work in lifting, pushing and pulling. His doctor informed him that these issues were the result of the years of exposure to diesel fumes. He claims that this has aggravated the other health issues.
Our lawyers were able keep favorable trial court rulings as well as a small federal juror award for our client. The plaintiff alleged that the train derailment, and subsequent release of vinyl chloride from the rail yard impacted his physical condition and also his emotional state, since he was concerned that he would develop cancer. However the USSC found that the railroad defendant could not be responsible for his fear of developing cancer because he had previously released his ability to pursue the claim in a prior lawsuit.
Damages
If you've been injured during your employment on an railroad, you could be eligible to make a claim under the Federal Employers' Liability Act. You could be awarded damages for your injuries through this route, including compensation for medical bills and pain and suffering. However this process is not easy and you should speak with an attorney who has handled train accidents to understand your options.
The first step in a railroad lawsuit is to show that the defendant had a responsibility to the plaintiff of care. The plaintiff has to show that the defendant breached this duty by failing to protect the person injured from harm. Finally, the plaintiff must prove that the breach was a direct cause of their injury.
A railroad worker who contracts cancer as a result of their work must prove that their employer failed properly to inform them of the dangers they face. They also must prove that their cancer was directly caused by the negligence of their employer.
In one instance one railroad company was sued by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. We argued that plaintiff's lawsuit was not time-barred because the plaintiff had signed a release in a prior lawsuit against the defendant.