How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational diseases such as cancer can make a claim in accordance with the Federal Employers’ Liability Act. However it can be difficult to prove that the condition is caused by work.
For instance, a worker might have signed a waiver after the settlement of an asbestos lawsuit. He then sued later for a alleged cancer caused by exposure to asbestos.
FELA Statute of Limitations
In many workers’ comp cases, the clock starts to run on a claim when an injury is identified. FELA laws, however, allow railroad cancer lawsuit [More Bonuses] workers to sue for lung diseases or cancer years after it has happened. This is why it’s so important to get a FELA injury or illness report as quickly as possible.
Sadly, railroads often try to dismiss a case by arguing that the employee failed to act within the three year time frame. Courts typically use two Supreme Court cases to determine when the FELA clock starts.
They first have to determine if the railroad employee had reason to believe that his or symptoms were related to their job. If the railroad employee visits to a doctor and the doctor concludes that the injuries are work-related the claim is not time barred.
The second aspect is the time since the railroad employee first began to notice symptoms. If the railroad employee has suffered from breathing issues for a long time, and attributes the problem to his or work on the rails, then the statute of limitations will likely to apply. If you are concerned about your FELA claim, please set up a an appointment for a free consultation with one of our lawyers.
Employers’ Negligence
FELA gives railroad employees the legal basis to hold negligent employers responsible. Unlike most other workers, who are governed by compensation systems for workers with pre-determined benefits, railroad workers are allowed to sue their employers for the full amount of their injuries.
Our attorneys secured a verdict recently in a FELA case brought by retired Long Island Railroad machinists. They were diagnosed with COPD, chronic bronchitis, and emphysema as a result of their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed that the cancer of the plaintiffs was not linked to their jobs on the railroad controls limited lawsuit, and that the lawsuit was dismissed due to the fact that it had been three years since the plaintiffs discovered their health problems were linked to their railroad jobs. Our Doran & Murphy attorneys were able show that the railroad did not informed its employees about the dangers of asbestos and diesel exhaust while they were working and had no security measures to shield their employees from the dangers of hazardous chemicals.
Although a worker has up to three years from the date of their diagnosis to submit a FELA lawsuit it is always better to hire an experienced lawyer as soon as possible. The earlier our lawyer begins gathering witness statements, records and other evidence then the greater chance is of the success of a claim.
Causation
In a personal injury class action lawsuit against union pacific railroad plaintiffs must demonstrate that a defendant’s actions caused their injuries. This is known as legal causation. It is important that an attorney carefully examines the claim prior to filing it in court.
Diesel exhaust is the only source that exposes railroad workers to hundreds of chemicals, including carcinogens pollutants and other contaminants. These microscopic particles get into the lung tissue and cause inflammation and damage. Over time, these damages build up and cause debilitating conditions like chronic bronchitis and COPD.
One of our FELA cases is a former conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease after years of working in the cabs of trains without protection. He also had back issues due to his long hours of pushing and lifting. His doctor informed him that these issues were the result of years of exposure to diesel fumes, which he claims exacerbated his other health issues.
Our lawyers were able keep favorable trial court rulings as well as a minimal federal juror award for our client. The plaintiff claimed that the derailment of his train and subsequent release of vinyl chloride from the rail yard impacted his physical health and his emotional state, as he was worried that he would get cancer. However the USSC found that the defendant railroad could not be the cause of his anxiety about getting cancer because he’d previously gave up the right to pursue this kind of claim in a previous class action lawsuit against union pacific railroad.
Damages
If you have been injured while working for railroad cancer lawsuit a railroad, you may be eligible to file a lawsuit under the Federal Employers’ Liability Act. With this option, you could be able to claim damages for your injuries, including compensation for your medical bills and suffering and pain you’ve suffered as a result of your injury. However this process can be complicated and you should consult an attorney for train accidents to learn more about your options.
The first step in a railroad lawsuit is to establish that the defendant owed the plaintiff a duty of care. The plaintiff must then show that the defendant breached this obligation by failing in protecting the injured person from injury. The plaintiff must then show that the defendant’s breach of duty was the 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 must also prove that their cancer was directly caused by this negligence.
In one instance we defended a railroad corporation against a lawsuit brought by a former employee who claimed that his cancer was caused by exposure to asbestos and diesel. We argued that the plaintiff’s suit was not time-barred because he had signed a release in a previous suit against the defendant.