How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses such as cancer can bring a lawsuit in line with the Federal Employers’ Liability Act. It isn’t always easy to prove that a disease is connected to work.
A worker, for example, may have signed a release after the settlement of an asbestos lawsuit. He later filed a lawsuit for a alleged cancer caused by exposure to asbestos.
FELA Statute of Limitations
In many workers’ compensation cases the clock begins in a claim at the moment an injury is reported. FELA laws, however, allow railroad employees to file a lawsuit for lung disease or cancer long after the fact. It is important to file a FELA report as shortly after an accident or illness as soon as it is possible.
Unfortunately, the railroad will try to dismiss a case arguing that an employee was not acting within the three-year statute of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock starts.
In the beginning, they will determine whether the railroad employee has a reason to believe that his or her ailments are related to their job. The claim is not void if the railroad worker goes to a doctor and the doctor states conclusively that the injuries are related to their job.
The other aspect is the length of time since the railroad employee first noticed symptoms. If the railroad employee has been suffering from breathing issues for a while and attributes the issue to his or her work on the rails, then the statute of limitations will likely to apply. Contact us for a free consultation in case you have questions regarding your FELA claims.
Employers’ Negligence
FELA gives railroad employees the legal basis to hold negligent employers responsible. As opposed to other workers who are bound by compensation systems for workers with pre-determined benefits, railroad workers can sue their employers for the full value of their injuries.
Our attorneys secured the verdict in a FELA case filed by retired Long Island Railroad machinists. They were diagnosed with COPD, chronic bronchitis, and emphysema due to 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 linked to their work at the railroad and that the lawsuit was barred since it was three years since they realized that their health problems were due to their railroad work. Our Doran & Murphy attorneys were capable of proving that the blacklands railroad lawsuit did not informed its employees about the dangers of asbestos and diesel exhaust while they were at work and did not have any safety measures to protect their employees from hazardous chemicals.
Although a worker has three years from the date of their diagnosis to submit a FELA lawsuit It is always best to get a seasoned lawyer as soon as is possible. The sooner our attorney starts collecting witness statements, documents and other evidence the greater chance there is of the success of a claim.
Causation
In a personal injury class action lawsuit against railroads plaintiffs must prove that a defendant’s actions caused their injuries. This is known as legal causation. It is vital that an attorney has a thorough examination of claims prior to filing in court.
Railroad workers are exposed chemicals, including carcinogens as well as other harmful substances, through diesel exhaust on its own. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damages can lead to debilitating illnesses such as chronic bronchitis or COPD.
One of our FELA cases is a former conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease following decades of working in train cabs without any protection. He also had back issues due to his long hours of lifting and pushing. The doctor told him his back problems were a result of his exposure to diesel fumes which he claims exacerbated the other health issues he was suffering from.
Our lawyers were able keep favorable trial court rulings and also a modest federal juror union pacific Railroad lawsuit award for our client. The plaintiff claimed that the train derailment and subsequent release of vinyl chloride from the rail yard impacted his physical health and his emotional state, since he was concerned that he might develop cancer. However, the USSC declared that the railroad in question was not responsible for his fear of developing cancer because he had previously let go of the possibility of pursuing such a claim in a prior lawsuit.
Damages
If you’ve been injured while working on the lawsuits against union pacific railroad pacific railroad lawsuit; visit the up coming document,, you could be able to file a lawsuit under the Federal Employers’ Liability Act. By filing a lawsuit, you may be able to recover damages for your injuries, which could include the amount you paid for medical bills and the suffering and pain you’ve endured as a result your injury. The process is a bit complicated, and you should consult an attorney for train accidents to learn more about your options.
In a railroad dispute, the first step is to show the defendant owed a duty of good faith to the plaintiff. The plaintiff must show that the defendant violated the duty of care by failing to safeguard them from harm. Finally, the plaintiff must show that the breach was the direct cause of their injury.
For instance, a railroad worker who was diagnosed with cancer due to their job on the railroad must prove that their employer failed to properly warn them of the dangers associated with their job. They must also prove that their cancer was directly caused by the negligence of their employer.
In one case, a 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 were of the opinion that the plaintiff’s lawsuit was barred because he had signed a prior release in another suit lawsuits against union pacific railroad the same defendant.