How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses like cancer may make a claim in accordance with the Federal Employers' Liability Act. It isn't easy to prove a disease is connected to work.
A worker, for instance could have signed a release after the settlement of an asbestos lawsuit. Then, he sued for cancer he claimed was caused by those exposures.
Statute of Limitations under the FELA
In many workers' compensation cases the clock starts to run on a claim from the moment an injury is documented. However, FELA laws allow railroad employees to file lawsuits for the formation of lung disease and cancer years after the fact. It is crucial to file an FELA report as soon after an accident or illness as soon as it is possible.
Unfortunately, railroads will attempt to dismiss a case asserting that the employee's actions were not within the timeframe of three years of limitations. To determine when the FELA "clock" begins, courts often look to two Supreme Court decisions.
They must first determine if the railroad employee had any reason to believe that his or symptoms were connected to their job. The claim is not barred when the railroad employee goes to the doctor and the doctor states conclusively that the injuries are linked to their job.
Another aspect to consider is the length of time that has passed since the railroad employee started to notice signs. If the railroad employee has suffered from breathing problems for several years and attributes the issue to his or her work on rails, then the statute of limitations is likely to apply. If you are concerned about your FELA claim, you should schedule a free consultation with our lawyers.
Employers' Negligence
FELA sets out an legal foundation for railroad workers to bring employers who are negligent to account. Railroad workers can sue their employers in full for injuries suffered unlike many other workers who are tied to worker's compensation schemes that have fixed benefits.
Our lawyers won a verdict recently in a FELA case brought 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 damages of $16,400,000.
The railroad claimed that the plaintiffs' cancer wasn't linked to their job on the railroad. They also claimed that the lawsuit was not allowed because it had been over three years since they discovered that their health issues were related to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad did not inform its employees of the dangers of asbestos or diesel exhaust while they were working, and the railroad had no safety procedures in place to shield its employees from the dangers of chemicals.
While a worker can have up to three years from the date of their diagnosis to make a FELA lawsuit it is always better to hire an experienced lawyer as soon as is possible. The sooner your lawyer starts gathering witness statements, records, and other evidence, the greater chance there is of the success of a claim.
Causation
In a personal injury lawsuit, plaintiffs have to prove that the defendant's actions were the cause of their injuries. This requirement is called legal causation. It is vital that an attorney carefully examines any claim before submitting it to the court.
Diesel exhaust is the only source that exposes railroad workers to hundreds of chemicals including carcinogens, pollutants and other pollutants. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. As time passes, these damage can lead to debilitating illnesses such as chronic bronchitis or COPD.
One of our FELA cases is an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive respiratory disease following decades spent in train cabs without protection. He also developed back problems due to his long hours of lifting and pushing. His doctor informed him that his back problems were a result of years of 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 as well as a minimal federal juror award for our client. The plaintiff claimed that the derailment of the train and subsequent release vinyl chloride into the rail yard impacted his physical and psychological condition, as he feared the possibility of developing cancer. However, the USSC determined that the railroad in question could not be the cause of the worry that he had about getting cancer because he'd previously let go of the possibility of pursuing this claim in a prior lawsuit.
Damages
If you were injured while working for a railroad company, you may qualify to file a suit under the Federal Employers' Liability Act. By filing a lawsuit, you may be able to recover damages for your injuries, which could include compensation for your medical bills as well as for the suffering and pain you've endured as a result your injury. This process is complicated and you should speak with a lawyer for train accidents to learn more about your options.
The first step in a railroad lawsuit is to establish that the defendant had a duty to the plaintiff of care. The plaintiff must prove that the defendant breached the duty of care by failing to safeguard them from harm. The plaintiff should then demonstrate that the defendant's breach of duty was a direct reason for their injuries.
For instance, a railroad worker who was diagnosed with cancer as a result of their work on the railroad must prove that their employer did not adequately warn them about the dangers associated with their job. They must also demonstrate that their cancer was directly caused by the negligence of their employer.
In one case a railroad company was sued by a former employee who claimed that his cancer was caused due to exposure to diesel and asbestos. We argued that the plaintiff's action was barred due to the fact that he had signed a prior release in another suit against the same defendant.