How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad workers who suffer from occupational diseases like cancer can file a lawsuit under the Federal Employers' Liability Act. However, it can be challenging to prove that the illness is work-related.
A worker, for instance, may have signed a waiver after the settlement of an asbestos lawsuit. He later filed a lawsuit for a cancer that was believed to have been caused by those exposures.
Statute of Limitations under the FELA
In many workers' compensation cases, the clock starts ticking on a claim when an injury is documented. However, FELA laws allow railroad employees to file a lawsuit for the growth of lung disease and cancer after a long time. It is essential to make an FELA report as soon after accident or illness as soon as it is possible.
Unfortunately, railroads will often try to get a case dismissed by arguing that the employee failed to perform the task within the three-year time limit. Courts typically use two Supreme Court cases to determine when the FELA clock will begin.
They must first determine if the railroad employee had a reason to believe that their symptoms were connected to their job. If the railroad worker goes to a doctor, and the doctor concludes that the injuries are related to work then the claim isn't time-barred.
Bladder cancer lawsuit is the time before the railroad employee began to notice symptoms. If Leukemia lawsuit has been suffering from breathing problems for a long time and attributes the issue to railroad work It is likely that the railroad employee is within the time limits. Please contact us for a free consultation for any concerns regarding your FELA claims.
Employers' Negligence
FELA provides a legal foundation for railroad workers to ensure that negligent employers are held accountable. Railroad workers can sue their employers full for their injuries, unlike most other workers who are confined to worker's compensation schemes that have fixed benefits.
Our attorneys recently secured the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, chronic bronchitis as well as emphysema as a result of their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed the plaintiffs' cancer was not connected to their work at the railroad and that the lawsuit was barred due to the fact that it was more than three years since they learned that their health issues were related to their railroad work. Our Doran & Murphy attorneys were capable of proving that the railroad did not given its employees any information about the dangers of diesel exhaust and asbestos while they worked and did not have any security measures to shield their workers from harmful chemicals.
While a worker can have three years from the date of diagnosis to submit a FELA lawsuit It is always best to get a seasoned lawyer as soon as it is possible. The sooner we can get our attorney started collecting witness statements, evidence, and other evidence, then the greater chance is of a successful claim.
Causation
In a personal injury lawsuit, plaintiffs have to prove that the defendant's actions were the cause of their injuries. This is referred to as legal causation. It is crucial that an attorney carefully examines the claim prior to filing it in court.
Railroad workers are exposed to hundreds of chemicals, including carcinogens and other harmful substances, through diesel exhaust alone. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. As time passes, these damage can cause debilitating conditions like chronic bronchitis or COPD.
One of our FELA cases is an ex-conductor who developed debilitating asthma and chronic obstructive pulmonary disease following decades spent in the cabs of trains without protection. Additionally, he was diagnosed with back pains that were debilitating due to his long hours of lifting, pushing and pulling. His doctor informed him that these problems were caused by years of exposure diesel fumes. He claims that this has aggravated the other health problems.
Our lawyers were able retain favorable court rulings in trial as well as a modest federal juror award for our client. The plaintiff argued that the derailment of the train and the subsequent release of vinyl chloride into the rail yard affected both his physical and emotional state and he was concerned that he would get cancer. However the USSC found that the defendant railroad could not be the cause of the fear of developing cancer because he previously waived the right to bring this claim in a previous lawsuit.
Damages
If you've been injured while working for a railroad company and you were injured, you could be eligible to file a claim under the Federal Employers' Liability Act. With this option, you could be able to claim damages for your injuries, including compensation for your medical bills and pain and suffering you have endured as a result your injury. This process is complicated, and you should consult with a lawyer for train accidents to understand your options.
In a case involving railroads, the first step is to show the defendant had a duty of good faith to the plaintiff. cancer lawsuits must then show that the defendant breached this duty by failing to protect the person injured from injury. Finally, the plaintiff has to show that the breach was the direct cause of their injuries.
For cancer lawsuit who developed cancer as a result of their job on the railroad must prove that their employer did not adequately warn them about the risks associated with their job. They must also prove that their negligence led to their cancer.
In one instance one railroad company was sued by a former worker who claimed that his cancer was caused through exposure to diesel and asbestos. We argued that plaintiff's lawsuit was barred because the plaintiff had signed a consent form in a prior suit against the defendant.