How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who suffer from occupational illnesses such as cancer are entitled to file a lawsuit under the Federal Employers' Liability Act. However, it can be challenging to prove that the illness is a result of work.
For instance, a worker may have signed a release when he first settled an asbestos claim, and later filed a lawsuit for cancer that allegedly resulted from 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 declared. However, FELA laws allow railroad employees to file lawsuits for the growth of lung disease and cancer after a long time. It is imperative to file an FELA report as early after an injury or illness as possible.
Unfortunately, railroads will often try to get a case dismissed by arguing that the employee did not perform the task within the three-year time frame. To determine when the FELA "clock" starts courts usually look to two Supreme Court decisions.
They first have to determine if the railroad employee had a reason to believe that his or symptoms were related to their job. If the railroad worker goes to a doctor and the doctor affirms in a conclusive manner that the injuries are work-related the claim is not time barred.
Another aspect to consider is the amount of time that has passed since the railroad employee started to notice symptoms. If the employee has been suffering from breathing problems for a while and attributes the issues to their railroad work it is likely that the railroad employee is within the time limit. Contact us for a free consultation if you have any concerns about your FELA claims.
Employers' Negligence
FELA sets out an legal foundation for railroad workers to make employers accountable for their actions. Contrary to most other workers who are bound by the system of worker's compensation that has defined benefits, railroad workers are allowed to sue their employers for the full value of their injuries.
Our attorneys won a verdict recently in a FELA case brought by retired Long Island Railroad machinists. They were diagnosed with COPD, chronic bronchitis, and emphysema due to their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the cancer of the plaintiffs was not related to their railroad jobs and the lawsuit was deemed to be time-barred due to the fact that it was more than three years since they found out that their health problems were a result of their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad was not aware of its employees of asbestos' dangers and diesel exhaust while at work, and that the railroad had no safety procedures in place to safeguard its employees from the dangers of chemicals.
It is best to engage a lawyer with experience as soon as you can even though a worker may have up to three years to file a FELA suit from the date they were diagnosed. The sooner our attorney begins collecting witness statements, documents and other evidence the more likely a successful claim can be filed.
Causation
In a personal injury case plaintiffs must show that the actions of the defendant caused their injuries. This is known as legal causation. This is why it's so vital that an attorney review a claim prior to filing it in court.
Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals, including carcinogens pollutants and other contaminants. These microscopic particles get into lung tissue, causing inflammation as well as damage. As time passes, these damage can lead to debilitating illnesses like chronic bronchitis or COPD.
One of our FELA cases involves a former conductor who developed debilitating asthma and chronic obstructive lung disease after decades spent in the cabs of trains without any protection. Additionally, railroad class action lawsuit developed back problems that were painful as a result of his long hours of lifting, pushing and pulling. His doctor informed him that these problems were caused by the years of exposure to diesel fumes. He claims this exacerbated all of his health problems.
Our lawyers successfully defended favorable court rulings in trial and a modest federal jury verdict for our client in this case. The plaintiff claimed that the derailment of his train and subsequent release of vinyl chloride from the rail yard impacted his physical condition as well as his mental state, as he was worried that he might develop cancer. The USSC decided that the defendant railroad was not to blame for the plaintiff's fears of cancer, since the plaintiff had previously waived his right to sue the railroad defendant in a previous lawsuit.
Damages
If you've suffered an injury while working for a railroad then you could be able to file a claim under the Federal Employers' Liability Act. You could receive damages for your injuries using this avenue, including reimbursement for medical expenses and pain and suffering. This process is complicated, and you should consult with a train accident attorney to learn more about your options.
The first step in a railroad lawsuit is to demonstrate that the defendant had a duty to the plaintiff of care. The plaintiff must prove that the defendant violated the duty of care by failing to protect them from injury. Finally, the plaintiff must prove that the violation was the direct cause of their injury.
A railroad worker who contracts cancer as a result of their work must prove that the employer failed properly to warn them of the dangers they are exposed to. They also must 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 the plaintiff had signed a waiver in a previous suit against the defendant.