How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who suffer from occupational diseases, such as cancer, are entitled to file a lawsuit under the Federal Employers' Liability Act. It can be difficult to prove that a disease is connected to work.
For example an employee may have signed an agreement when he first settled an asbestos claim, and then sued for cancer that may have resulted from exposures.
FELA Statute of Limitations
In many workers' compensation cases the clock begins ticking on a claim when an injury is reported. However, railroad lawsuit allow railroad employees to file a lawsuit against the development of lung disease or cancer long after the fact. This is why it is vital to obtain a FELA injury or illness report as quickly as you can.
Sadly, the railroad will attempt to dismiss a case by asserting that the employee's actions were not within the three-year time frame of limitations. To determine when the FELA "clock" begins courts typically look to two Supreme Court decisions.
They first have to determine if the railroad employee had any reason to believe that the symptoms were related to their job. The claim will not be denied if the railroad worker consults a doctor, and the doctor concludes that the injuries are linked to their work.
The other factor is the time before the railroad employee began to notice symptoms. If the employee has been experiencing breathing issues for a number of years and attributes the problem to the railway work it is likely that the employee is within the time limits. If you have questions about your FELA claim, you should schedule a free consultation with our lawyers.
Employers' Negligence
FELA provides railroad workers with an legal basis to hold negligent employers responsible. Contrary to most other workers who are governed by compensation systems for workers with defined benefits, railroad workers can sue their employers for the full amount of their injuries.
Our attorneys won an award in a recent FELA case filed by retired Long Island Railroad machinists. They developed COPD, chronic bronchitis, and emphysema because of their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the cancer of the plaintiffs wasn't related to their jobs on the railroad. They also claimed that the lawsuit was not allowed due to the fact that it had been three years since they discovered their health issues were linked to their railroad jobs. Our Doran & Murphy attorneys were successful in proving that the railroad never made its employees aware of the dangers of diesel exhaust and asbestos while they worked and did not have safety measures to protect their employees from the dangers of hazardous chemicals.
Although a person has three years from the date of diagnosis to make a FELA lawsuit, it is always better to get a seasoned lawyer as soon as it is possible. The earlier our lawyer begins collecting witness statements, records and other evidence and documents, the more likely it is that a successful claim can be made.
Causation
In a personal injury lawsuit plaintiffs must prove that the defendant's actions were responsible for their injuries. This is known as legal causation. This is why it's crucial that an attorney study a claim prior to submitting it in court.
Railroad workers are exposed to a variety of chemicals, including carcinogens and other harmful substances, through diesel exhaust on its own. These microscopic particulates penetrate deep into lung tissues, causing inflammation and damage. Over time, these damages could lead to debilitating ailments like chronic bronchitis or COPD.
One of our FELA cases involves a former conductor who was diagnosed with debilitating asthma and chronic obstructive lung disease after years of working in the cabs of trains without protection. Additionally, he was diagnosed with back pain that was debilitating due to his years of lifting, pushing and pulling. His doctor informed him that these back issues were the result of years of exposure to diesel fumes which he claims, aggravated his other health issues.
Our attorneys were able to preserve 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 affected his physical condition as well as his mental state, since he was concerned that he would get cancer. The USSC decided that the defendant railroad was not to blame for the plaintiff's fears of cancer because the plaintiff had previously waived his right to sue the railroad defendant in a previous lawsuit.
Damages
If you were injured while working for a railroad, you may qualify to file a lawsuit under the Federal Employers' Liability Act. With this option, you could be able to claim damages for your injuries, including the cost of medical bills as well as the suffering and pain you've suffered as a result of your injury. The process is a bit complicated, and you should consult with a train accident attorney to fully understand your options.
In a railroad case, the first step is to demonstrate that the defendant was bound by an obligation of good-faith to the plaintiff. The plaintiff must then show that the defendant violated this obligation by failing in protecting the injured person from harm. Finally, the plaintiff must show that the breach was the direct cause of 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 failed to adequately warn them of the risks associated with their job. They must also demonstrate that their cancer was directly caused by the negligence of their employer.
In one case, we defended a railroad corporation against a suit brought by an employee who claimed that his cancer was the result of 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.