How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Rail workers suffering from occupational diseases such as cancer can bring a lawsuit in line with the Federal Employers' Liability Act. However it can be difficult to prove that the condition is work-related.

For instance, a worker could have signed a waiver after the settlement of an asbestos lawsuit. Then, he sued for cancer that was allegedly resulted from exposure to asbestos.

FELA Statute of Limitations

In many workers' compensation cases, the clock begins to run on a claim when an injury is reported. FELA laws, however, allow railroad employees to file a lawsuit for lung disease or cancer long after the fact. This is why it's vital to obtain an FELA injury or illness report as soon as you can.

Sadly, railroads often try to get a case dismissed by arguing that the employee did not act within the three-year statute of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock starts.

They will first consider whether the railroad employee had any reason to believe that his or symptoms were connected to their job. The claim is not barred if the railroad worker consults a doctor, and the doctor states conclusively that the injuries are linked to their job.

The other aspect is the time before the railroad employee became aware of the symptoms. If the railroad employee has been having breathing issues for a long time and attributes the problem to his or her work on the rails, then the statute of limitations is likely to be applicable. Contact us for a no-cost consultation if you have any concerns about your FELA claims.

Employers' Negligence

FELA lays out a legal framework for railroad employees to hold negligent employers accountable. Railroad workers are able to sue their employers in full for their injuries, unlike most other workers who are confined to worker's compensation programs with fixed benefits.

Our lawyers recently won the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, COPD and Emphysema from their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the cancer of the plaintiffs was not linked to their jobs on the railroad, and that the lawsuit was barred due to the fact that it had been three years since the plaintiffs discovered their health issues were linked to their work at the union pacific railroad lawsuit. Our Doran & Murphy attorneys were capable of proving that the blacklands railroad lawsuit never provided its employees with information about the dangers of asbestos and diesel exhaust while they were working and did not have safety procedures to protect their workers from harmful chemicals.

It is best to engage an experienced lawyer when you can even though a worker could have up to three years to file an FELA suit from the date they were diagnosed. The earlier our lawyer begins collecting witness statements, documents and other evidence more likely it is that an effective claim can be made.

Causation

In a personal injury action the plaintiffs must prove that the defendant's actions were at fault for their injuries. This requirement is known as legal causation. It is essential that an attorney has a thorough examination of a claim before filing in court.

Diesel exhaust is the only source that exposes railroad class action Lawsuit workers to hundreds of chemicals, including carcinogens pollutants, and other pollutants. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. Over time, these damages are accumulated and railroad class action lawsuit can cause debilitating conditions like chronic asthma and COPD.

One of our FELA case involves an ex-train conductor who developed chronic obstructive lung asthma and other respiratory diseases after a long period of time in cabins with no protection. Additionally, he was diagnosed with back pain that was debilitating as a result of his long hours of lifting, pushing and pulling. His doctor advised him that these issues were the result of years of exposure diesel fumes. He claims this exacerbated the other health issues.

Our attorneys were able to retain favorable court rulings in trial and railroad class action Lawsuit also a modest federal juror award for our client. The plaintiff claimed that the train derailment and subsequent release of vinyl chloride from the rail yard impacted his physical condition and also his emotional state, since he was concerned that he might develop cancer. The USSC decided that the railroad defendant was not responsible for the plaintiff's fears of cancer since the plaintiff previously waived his right to sue the railroad defendant in a prior lawsuit.

Damages

If you were injured while working for a railroad company it is possible to file a lawsuit under the Federal Employers' Liability Act. You could be awarded damages for your injuries using this process, including the payment of medical bills and pain and suffering. However this process is not easy and you should seek the advice of an attorney who has handled train accidents to know your options.

The first step in a railroad lawsuit is to establish that the defendant owed the plaintiff a duty of care. The plaintiff must demonstrate that the defendant violated this duty of care by failing to safeguard them from injury. The plaintiff must then show that the breach of duty by the defendant was the primary cause of their injury.

A railroad lawsuits worker who contracts cancer as a result of their work must prove that their employer did not adequately warn them of the dangers they could face. They must also prove that their negligence caused their cancer.

In one case a railroad company was accused of wrongful conduct by a former employee who claimed his cancer was caused through exposure to diesel and asbestos. We argued that the plaintiff's action was time-barred because he executed an earlier release in another suit against the same defendant.