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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational illnesses such as cancer can bring a lawsuit in line with the Federal Employers' Liability Act. However it can be difficult to prove that the disease is related to work.
For example workers may have signed an agreement to release himself when he settled an asbestos-related claim and then sued for cancer that may have resulted from those exposures.
FELA Statute of Limitations
In many workers' compensation cases the clock starts ticking on a claim when an injury is reported. However, FELA laws allow railroad employees to file a lawsuit for the development of lung disease and cancer years after the fact. It is important to submit a FELA report as shortly after an accident or illness as soon as it is possible.
Sadly, the railroad will try to dismiss a case by the argument that an employee was not acting within the three-year statute of limitations. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.
The first thing they'll consider is whether the railroad employee has a reason to believe that his or her ailments are related to their job. The claim can be ruled out if the railroad worker visits a doctor and the doctor is able to prove that the injuries were due to their job.
The second aspect is the time before the railroad employee became aware of the symptoms. If the railroad employee has been having breathing issues for a number of years, and attributes the problem to his or her work on rails, then the statute of limitation is likely to be applicable. Contact us for a free consultation in case you have questions about your FELA claims.
Employers' Negligence
FELA gives railroad workers an legal basis to hold negligent employers accountable. Railroad employees can sue their employers in full for injuries suffered, unlike most other workers, who are subject to compensation programs for workers with fixed benefits.
Our attorneys secured the verdict in a FELA case brought by retired Long Island Railroad machinists. They were diagnosed with COPD, chronic bronchitis, and emphysema from their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the plaintiffs' cancer wasn't related to their jobs on the railroad, and that the lawsuit was thrown out because it had been over three years since the plaintiffs discovered their health problems were related to their railroad jobs. Our Doran & Murphy attorneys were capable of proving that the railroad did not informed its employees about the dangers of diesel exhaust and asbestos when they were working, and had no safety measures to protect their employees from the dangers of hazardous chemicals.
It is recommended to hire an experienced lawyer as soon as you can even though an employee may have up to three years to make a FELA suit from the date they were diagnosed. The earlier our lawyer starts gathering witness statements, evidence and other evidence the more likely it is that a successful claim will be filed.
Causation
In a personal injury lawsuit plaintiffs must demonstrate that the actions of the defendant caused their injuries. This is referred to as legal causation. This is why it's so important that an attorney thoroughly analyze a claim prior filing it in court.
Railroad workers are exposed chemicals, including carcinogens and other harmful substances, through diesel exhaust by itself. These microscopic particles penetrate deep into lung tissues, causing inflammation and damage. In time, these injuries can lead to debilitating illnesses such as chronic bronchitis or COPD.
One of our FELA cases involves a former train conductor who developed chronic obstructive pulmonary asthma and other respiratory diseases after a long period of time in cabs without any protection. In addition, he developed back pains that were debilitating due to the years of lifting, pushing and pulling. The doctor told him these issues were the result of years of exposure to diesel fumes which he believes aggravated his other health issues.
Our attorneys were able to preserve favorable court rulings on trial and a modest federal jury verdict for our client in this case. The plaintiff claimed that the train derailment and the subsequent release of vinyl chloride from the rail yard impacted his physical health and also his emotional state, as he feared that he would get cancer. Colon cancer lawsuit ruled that the railroad defendant was not at fault for the plaintiff's fear of cancer because the plaintiff had previously waived his right to sue the defendant railroad in a previous lawsuit.
Damages
If you've suffered an injury while working for a railroad company it is possible to file a claim under the Federal Employers' Liability Act. You could receive damages for your injuries using this route, including the payment of medical bills and pain and suffering. However, this process is complex and you should seek the advice of an attorney who has handled train accidents to learn more about your options.
In a case involving railroads, the first step is to demonstrate that the defendant owed an obligation of good faith to the plaintiff. The plaintiff must demonstrate that the defendant breached this duty of care by failing to safeguard them from harm. In addition, the plaintiff must show that the breach was the primary cause of their injury.
For example, a railroad worker who developed cancer as a result of their work at the railroad has to prove that their employer did not properly warn them of the dangers associated with their job. They must also prove that their cancer was directly caused by this negligence.
In one case we defended a railroad company against a lawsuit filed by a former employee who claimed that his cancer was caused by exposure to asbestos and diesel. We argued that the plaintiff's action was time-barred because he executed an earlier release in another lawsuit against the same defendant.