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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses like cancer can sue in accordance with the Federal Employers’ Liability Act. It isn’t easy to prove that a condition is linked to work.
For instance, a worker may have signed a release when he first settled an asbestos lawsuit and then sued for cancer allegedly resulting from exposures.
FELA Statute of Limitations
In many workers’ compensation cases, the clock starts ticking on a claim the moment an injury is reported. However, FELA laws allow railroad employees to bring a lawsuit in the event of the formation of lung disease and cancer after a long time. This is why it’s vital to obtain a FELA injury or illness report as quickly as you can.
Unfortunately, railroads will often try to get a case dismissed by arguing that the employee failed to comply with the three-year limitation period. To determine when the FELA “clock” starts courts typically look to two Supreme Court decisions.
In the beginning, they will determine whether the railroad employee has a reason to believe that his or her symptoms are related to their job. If the railroad employee visits to a doctor, and the physician conclusively states that the injuries are work-related then the claim isn’t time barred.
Another aspect to consider is the duration of time that has passed since the railroad employee started to notice symptoms. If the railroad employee has been having breathing problems for several years and attributes the problem to his or her work on rails, then the statute of limitation is likely to apply. Contact us for a free consultation if you have any concerns about your FELA claims.
Employers’ Negligence
FELA provides railroad workers with an legal basis to hold negligent employers accountable. Unlike most other workers, who are governed by the system of worker’s compensation that has pre-determined benefits, railroad workers are allowed to sue their employers for the full amount of their injuries.
Our attorneys secured an award recently in a FELA case brought by retired Long Island railroad Workers cancer lawsuit (pattern-wiki.win) machinists. They developed COPD chronic bronchitis and emphysema because of their asbestos exposure while working on locomotives. The jury awarded them $16,400,000 in damages.
The Railroad Cancer Lawsuit Settlements claimed that the plaintiffs’ cancer wasn’t linked to their job on the railroad and that the lawsuit was barred due to the fact that it had been three years since they discovered their health problems were related to their union pacific railroad lawsuits jobs. Our Doran & Murphy attorneys were successful in proving that the railroad had not made its employees aware of the dangers of asbestos and diesel exhaust when they were working, and had no security measures to shield their employees from the dangers of hazardous chemicals.
Although a worker has 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 possible. The sooner your lawyer starts collecting witness statements, railroad workers cancer lawsuit documents and other evidence the greater chance there is of the success of a claim.
Causation
In a personal injuries action plaintiffs must prove that the defendant’s actions are the cause of their injuries. This is known as legal causation. This is the reason it’s important that an attorney thoroughly examine a claim before filing it in court.
Railroad workers are exposed to a variety of chemicals, including carcinogens and other pollutants, from diesel exhaust on its own. These microscopic particles penetrate deep into the lung tissue, causing inflammation and damage. In time, these injuries can cause debilitating conditions such as chronic bronchitis or COPD.
One of our FELA cases is an ex-conductor who was diagnosed with debilitating asthma and chronic obstructive lung disease after decades spent in the cabs of trains without protection. In addition, he developed back problems that were painful as a result of the years of pulling, pushing and lifting. His doctor advised him that these problems were the result of years of exposure to diesel fumes, which he believes aggravated his health issues.
Our lawyers were able to retain favorable court rulings in trial as well as a minimal federal juror award for our client. The plaintiff claimed that the derailment of the train and the subsequent release vinyl chloride into the rail yard affected his physical and mental health, as he feared his cancer would strike him. The USSC determined that the railroad defendant was not at fault for the plaintiff’s fears of cancer since the plaintiff already waived his rights to sue the railroad class action lawsuit defendant in a prior lawsuit.
Damages
If you’ve been injured when working on an railroad, you could be able to pursue a lawsuit under the Federal Employers’ Liability Act. You could be awarded damages for your injuries via this method, which could include the payment of medical bills and pain and suffering. However this process can be complicated and you should talk to an attorney who has handled train accidents to know your options.
In a railroad case the first step is to show the defendant had an obligation of good faith to the plaintiff. The plaintiff has to show that the defendant violated this obligation by failing in protecting the person injured from injury. The plaintiff must also demonstrate that this breach was the direct cause of their injury.
A railroad worker who contracts cancer as a result of their work must prove that the employer did not adequately inform them of the dangers they face. They also must prove that their cancer was directly caused by the negligence of their employer.
In one instance a railroad company was sued by a former employee who claimed that his cancer was caused due to exposure to diesel and asbestos. The plaintiff’s lawsuit was barred because he had signed a release in a prior lawsuit against the defendant.