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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational diseases like cancer may bring a lawsuit in line with the Federal Employers' Liability Act. However, it can be challenging to prove that the illness is a result of work.
For instance, a worker might have signed a release after settlement of an asbestos claim. He then sued later for cancer that was allegedly caused by the exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock begins ticking on a claim the moment an injury is declared. FELA laws permit railroad employees to sue for lung disease or cancer for years after the incident has occurred. It is crucial to file a FELA report as soon after injury or illness as you can.
Sadly, railroads often attempt to get a case dismissed by arguing that the employee failed to comply with the three-year limitation period. Courts typically use two Supreme Court cases to determine when the FELA clock will begin.
First, they will consider whether the railroad worker has a reason to believe the symptoms are a result of their work. If the railroad employee visits to a doctor, and the physician conclusively states that the injuries are due to work the claim isn't time-barred.
The second factor is the length 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 long time and attributes the issue to his or work on the rails, then the statute of limitations will likely to apply. Contact us for a no-cost consultation in case you have questions about your FELA claims.
Employers' Negligence
FELA lays out a legal framework for railroad workers to ensure that negligent employers are held accountable. Railroad employees are able to sue their employers in full for their injuries unlike many other workers who are confined to worker's compensation schemes that have fixed benefits.
Our attorneys recently won an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who developed COPD, chronic bronchitis and Emphysema due to 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 wasn't related to their jobs at the railroad and the lawsuit was thrown out since it had been more than three years since they discovered their health issues were related to their railroad jobs. Our Doran & Murphy lawyers were successful in proving that the railroad did not inform its employees about asbestos' dangers and diesel exhaust while at work, and that the railroad did not have safety procedures in place to shield its employees from the dangers of chemicals.
It is better to hire a lawyer with experience as soon as you can even though an employee may have up to three years to make an FELA suit from the time they were diagnosed. The earlier our lawyer begins collecting witness statements, documents, and other evidence, then the better chance there is of winning the case.
Causation
In a personal injury action plaintiffs must demonstrate that the actions of a defendant led to their injuries. This is known as legal causation. This is why it's important that an attorney take the time to examine a claim before filing it in court.
Railroad workers are exposed to hundreds of chemicals, including carcinogens and other pollutants, from diesel exhaust by itself. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. As wasatch railroad contractors lawsuit , these damage can lead to debilitating conditions such as chronic bronchitis, or COPD.
One of our FELA cases involves an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease following decades of working in the cabs of trains without any protection. He also developed back problems due to the years of lifting and pushing. The doctor who treated him said that the problems were caused by decades of exposure to diesel fumes. He claims that this led to the aggravation of all of 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 alleged that the derailment of his train and subsequent release of vinyl chloride from the rail yard impacted his physical condition and also his emotional state, as he was worried that he might develop cancer. However the USSC determined that the defendant railroad was not responsible for the fear of getting cancer because he'd previously waived the right to bring this claim in a previous lawsuit.
Damages
If you were injured while working for a railroad then you could be able to file a lawsuit under the Federal Employers' Liability Act. With this option, you could recover damages for your injuries, which could include reimbursement for medical expenses and pain and suffering you have endured as a result of your injury. This process is complicated and you should speak with a train accident attorney to learn more about your options.
The first step in a railroad lawsuit is to demonstrate that the defendant was liable to the plaintiff under a duty of care. The plaintiff must then prove that the defendant breached this duty by failing to protect the injured person from injury. Finally, the plaintiff must show that the breach was the direct cause of their injury.
For example an employee of a railroad who contracted cancer as a result of their working for the railroad has to prove that their employer did not adequately warn them of the dangers associated with their job. They must also prove that their negligence led to their cancer.
In one case, we defended a railroad company against a lawsuit brought by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's action was barred because he had signed an earlier release in another lawsuit against the same defendant.