How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who are suffering from occupational diseases like cancer are entitled to file a lawsuit under the Federal Employers' Liability Act. It isn't easy to prove a disease is connected to work.
For instance an employee may have signed an agreement when he first settled an asbestos-related claim and then sued later for cancer that was allegedly resulting from those exposures.
FELA Statute of Limitations
In many workers' comp cases, the clock begins to tick on the claim the moment an injury is documented. However, FELA laws allow railroad employees to file a lawsuit for the formation of lung disease and cancer long after the fact. It is essential to submit an FELA report as soon after an injury or illness as you can.
Sadly, the railroad will try to dismiss a case arguing that an employee's actions were not within the three-year time frame of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock will begin.
They will first consider whether the railroad employee had reason to believe that the symptoms were connected to their job. If the railroad worker goes to a doctor and the doctor concludes that the injuries are related to work then the claim isn't time-barred.
The other aspect is the time since the railroad employee first became aware of the symptoms. If the railroad employee has been suffering from breathing issues for a number of years, and attributes the problem to his or work on the rails then the statute of limitation is likely to apply. If cancer lawsuits are concerned about your FELA claim, please set up a an appointment for a no-cost consultation with our lawyers.
Employers' Negligence
FELA gives railroad employees a legal basis to hold negligent employers responsible. Unlike most other workers, who are bound to worker's compensation systems that have pre-determined benefits, railroad workers are able to sue their employers for the full value of their injuries.
Our attorneys secured an award recently in a FELA case filed by retired Long Island Railroad machinists. They developed COPD chronic bronchitis and emphysema due to their asbestos exposure while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed the plaintiffs' cancer was not linked to their railroad work and the lawsuit was time-barred due to the fact that it was more than three years since they discovered that their health problems were related to their railroad work. Leukemia lawsuit & Murphy lawyers were able to show that the railroad never informed its employees about the dangers of asbestos or diesel exhaust while at work, and that the railroad did not have safety procedures in place to safeguard its employees from hazardous chemicals.
It is better to hire a lawyer with experience when you can even though a worker could have up to three years to file a FELA suit from the time they were diagnosed. The sooner our attorney begins collecting witness statements, records and other evidence, the more likely it is that a successful claim can be made.
Causation
In a personal injury case plaintiffs must demonstrate that the actions of a defendant caused their injuries. This is referred to as legal causation. This is why it's so crucial that an attorney analyze a claim prior filing it in court.
Diesel exhaust is the only source that exposes railroad workers to a myriad of chemicals, including carcinogens, pollution and other pollutants. These microscopic particles get into the lung tissue and cause inflammation and damage. Over time, these damages can lead to debilitating illnesses like chronic bronchitis or COPD.
cancer lawsuits of our FELA cases involves an ex-train conductor who developed chronic obstructive respiratory ailments and asthma after spending a long time in cabins, with no protection. In addition, he developed debilitating back problems as a result of his years of pulling, pushing and lifting. His doctor told him that his back problems were a result of years of exposure to diesel fumes which he believes aggravated the other health issues he was suffering from.
Our attorneys successfully preserved favorable court rulings in trial and a modest federal jury award for our client in this case. The plaintiff claimed that the train derailment and subsequent release of vinyl chloride from the rail yard impacted his physical health as well as his mental state, as he was worried that he would get cancer. The USSC found that the railroad defendant did not have any responsibility for the plaintiff's fear of cancer since the plaintiff previously renounced his right to sue the railroad defendant in a prior lawsuit.
cancer lawsuits
If you have suffered an injury when working on railways, you could 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 endured as a result your injury. However, this process is complex and you should seek the advice of a lawyer who handles train accidents to understand your options.
In a railroad case, the first step is to prove the defendant had an obligation of good-faith to the plaintiff. The plaintiff has to show that the defendant breached this duty by failing to protect the injured person from injury. The plaintiff then has to prove that the defendant's breach of duty was the primary cause of the injury.
A railroad worker who develops cancer due to their job must prove that the employer failed properly to warn them of the dangers they are exposed to. They also must prove that their cancer was directly caused by the negligence of their employer.
In one instance, a railroad company was accused of wrongful conduct by a former employee who claimed his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's suit was barred because the plaintiff had signed a release in a previous lawsuit against the defendant.