How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who suffer from occupational illnesses such as cancer have the right to bring a lawsuit under the Federal Employers' Liability Act. It can be difficult to prove a disease is connected to work.
A worker, for instance might have signed a release following settling an asbestos claim. Then, he could sue later for cancer he claimed was resulted from exposure to asbestos.
FELA Statute of Limitations
In a lot of workers' compensation cases, the clock begins to run on a claim the moment an injury is identified. FELA laws, however, allow railroad employees to sue for lung diseases or cancer long after it has occurred. csx railroad lawsuit is crucial to file an FELA report as soon after an accident or illness as soon as it is possible.
Unfortunately, railroads will try to dismiss a case by arguing that an employee did not act within the three-year statute of limitations. To determine when the FELA "clock" begins courts usually look to two Supreme Court decisions.
They will first consider whether the railroad employee had a reason to believe that their symptoms were related to their job. The claim will not be denied when the railroad worker consults a doctor, and the doctor concludes that the injuries are related to their job.
Another factor to take into consideration is the duration of the time since the railroad employee began to notice signs. If the employee has been experiencing breathing difficulties for a number of years and attributes the problem to his or her work on the rails It is likely that the railroad worker is within the statute of limitations. If you have concerns about your FELA claim, please schedule a free consultation with our lawyers.
Employers' Negligence
FELA sets out a legal foundation for railroad employees to hold negligent employers accountable. Railroad employees can sue their employers full for their injuries, unlike most other workers who are bound to compensation programs for workers with fixed benefits.
Our attorneys secured an award in a recent FELA case brought by retired Long Island Railroad machinists. They developed COPD chronic bronchitis and emphysema from their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed that the cancer of the plaintiffs was not related to their railroad work and the lawsuit was not 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 able show that the railroad never made its employees aware of the dangers of asbestos and diesel exhaust while they worked and did not have safety procedures to protect their workers from harmful chemicals.
Although a worker has three years from the date of diagnosis to start a FELA lawsuit, it is always better to retain a professional lawyer as soon as possible. The sooner your lawyer starts collecting witness statements, records, and other evidence, then the greater chance is of the success of a claim.
Causation
In a personal injury action, plaintiffs have to prove that the defendant's actions were at fault for their injuries. This is known as legal causation. This is the reason it's vital that an attorney analyze a claim prior filing it in the court.
Railroad workers are exposed to hundreds of chemicals, including carcinogens and other harmful substances, through diesel exhaust by itself. The microscopic particles penetrate deeply into the lung tissue, causing inflammation and damage. Over time, the damages become more severe and lead to conditions like chronic lung inflammation and COPD.
One of our FELA cases involves an ex-train conductor who developed chronic obstructive lung asthma and other respiratory diseases after spending years in cabs without any protection. Additionally, he developed back problems that were painful due to his long hours of pulling, pushing and lifting. His doctor advised him that these problems were caused by years of exposure diesel fumes. He claims that this has aggravated all of his health issues.
Our attorneys successfully preserved favorable trial court rulings and a minimal federal jury award for our client in this case. The plaintiff alleged that the train derailment, and subsequent release of vinyl chloride from the rail yard impacted his physical health as well as his emotional state, as he feared that he would develop cancer. However the USSC found that the defendant railroad could not be the cause of his anxiety about developing cancer since he had previously gave up the right to pursue the claim in a prior lawsuit.
Damages
If you've suffered an injury during your employment on railways, you could be able to bring a lawsuit under the Federal Employers' Liability Act. Through this avenue, you may be able to recover damages for your injuries, which could include the cost of medical bills as well as the suffering and pain you've suffered as a result of your injury. This process is complex, and you should consult with a lawyer for train accidents to fully understand your options.
In a case involving railroads, the first step is to establish that the defendant had an obligation of good-faith to the plaintiff. The plaintiff must show that the defendant violated this duty of care by failing to safeguard them from harm. In addition, the plaintiff must demonstrate that this breach was the direct reason for their injury.
A railroad worker who contracts cancer due to their job must prove that their employer failed properly to warn them about the dangers they are exposed to. They must also prove that the negligence caused their cancer.
In one instance the railroad company was sued by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. We claimed that the plaintiff's claim was barred by time because he signed an earlier release in a separate lawsuit against the same defendant.