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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational diseases like cancer can file a lawsuit in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the illness is work-related.
A worker, for example might have signed a waiver after settling an asbestos claim. He later filed a lawsuit for cancer he claimed was caused by exposure to asbestos.
Statute of Limitations under the FELA
In many workers' compensation cases the clock starts ticking on a claim when an injury is declared. FELA laws, however, allow railroad employees to sue for lung disease or cancer long after it has occurred. It is important to submit a FELA report as shortly after an injury or illness as possible.
Unfortunately, the railroad will often try to get a case dismissed by arguing that the employee did not perform the task within the three-year statute of limitations. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.
First, they will consider whether the railroad worker has reason to know that the symptoms are related to their job. If the railroad employee goes to a doctor, and the doctor affirms in a conclusive manner that the injuries have a connection to work the claim isn't time-barred.
Another factor to take into consideration is the the time from the time the railroad employee first began to notice signs. If union pacific railroad lawsuit has been experiencing breathing issues for a while and attributes the issue to their railroad work it is most likely that the railroad worker is within the time limits. If you are concerned about your FELA claim, please set up a an appointment for a no-cost consultation with our lawyers.
union pacific railroad lawsuit establishes a legal foundation for railroad workers to make employers accountable for their actions. In contrast to other workers, who are governed by the system of worker's compensation that has set benefits, railroad employees can sue their employers for the full value of their injuries.
Our attorneys recently secured an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, COPD and Emphysema due to their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.
The railroad claimed that the plaintiffs' cancer wasn't linked to their job on the railroad. They also claimed that the lawsuit was thrown out because it was more than three years since they discovered their health issues were related to their railroad work. Our Doran & Murphy attorneys were able show that the railroad had not informed its employees about the dangers of asbestos and diesel exhaust while they were at work and did not have safety protocols to protect its workers from harmful chemicals.
Though a worker has up to three years from the date of their diagnosis to make a FELA lawsuit however, it is best to retain a professional lawyer as soon as you can. The earlier our lawyer begins collecting witness statements, documents, and other evidence, then the better chance there is of the success of a claim.
Causation
In a personal injuries lawsuit the plaintiffs must prove that the defendant's actions are responsible for their injuries. This is known as legal causation. It is crucial that an attorney examines claims prior to filing in court.
Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals, including carcinogens pollutants, and other pollutants. The microscopic particles penetrate deeply into the lung tissues, causing inflammation and damage. Over time, these damages build up and cause debilitating conditions such as chronic bronchitis and COPD.
One of our FELA cases involves an ex-conductor who developed debilitating asthma and chronic obstructive pulmonary disease after many years in the cabs of trains without any protection. He also developed back problems due to his years of lifting and pushing. His doctor told him these problems were the result of long-term exposure to diesel fumes. He believes this caused the onset of all of his other health issues.
Our attorneys were able to preserve favorable trial court rulings as well as a modest federal juror award for our client. The plaintiff argued that the derailment of the train and subsequent release of vinyl chloride into the rail yard affected both his physical and psychological condition because he was afraid it would cause cancer. The USSC ruled that the railroad defendant was not to blame 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 have suffered an injury while working on the railroad, you could be able to make a claim under the Federal Employers' Liability Act. By filing a lawsuit, you could be able to claim damages for your injuries, including the amount you paid for medical bills as well as the pain and suffering you have endured as a result your injury. However this process can be complicated and you should talk to an attorney for train accidents to understand your options.
In a railroad case, the first step is to demonstrate that the defendant owed a duty of good faith to the plaintiff. The plaintiff then has to prove that the defendant breached this duty by failing to safeguard the person injured from injury. Finally, the plaintiff has to demonstrate that this breach was the direct cause of their injury.
A railroad worker who contracts cancer due to their work must prove that their employer failed properly to warn them of the risks they face. They must also prove that the negligence led to their cancer.
In one case a railroad company was brought before a former employee who claimed that his cancer was caused by exposure to diesel fumes and asbestos. We claimed that the plaintiff's claim was barred by time because he signed a prior release in another suit against the same defendant.