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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Rail workers who suffer from occupational illnesses such as cancer can bring a lawsuit in line with the Federal Employers' Liability Act. However, it can be challenging to prove that the illness is work-related.

For instance, a worker, may have signed a release following settling an asbestos claim. He then sued later for cancer that was allegedly caused by those exposures.

Statute of Limitations under the FELA

In many workers' compensation cases the clock begins in a claim at when an injury is declared. FELA laws, however, allow railroad lawsuit all workers to file a lawsuit for lung disease or cancer for years after it has happened. It is important to submit an FELA report as early after an injury or illness as you can.

Unfortunately, the railroad will often attempt to get a case dismissed by arguing that the employee failed to comply with the three-year statute of limitations. To determine when the FELA "clock" starts, courts often look to two Supreme Court decisions.

They will first consider whether the railroad employee had a reason to believe that the symptoms were related to their job. The claim is not barred when the railroad employee goes to a doctor and the doctor affirms that the injuries are related to their work.

Another aspect to consider is the time that has passed since the railroad worker began to notice signs. If the railroad lawsuit chronic obstructive pulmonary disease employee has been having breathing issues for a number of years and attributes the problem to work on the rails, the statute of limitation is likely to be applicable. Please contact us for a no-cost consultation if you have any concerns about your FELA claims.

Employers' Negligence

FELA gives railroad workers an legal basis to hold negligent employers responsible. As opposed to other workers who are governed to worker's compensation systems that have pre-determined benefits, railroad workers are allowed to sue their employers for the full amount of their injuries.

Our attorneys recently secured a verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered from COPD chronic bronchitis, COPD and Emphysema because of their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.

The railroad claimed that the plaintiffs' cancer was not related to their work at the railroad and the lawsuit was time-barred because it had been more than three years since they discovered that their health issues were a result of their railroad lawsuit acute lymphocytic leukemia work. Our Doran & Murphy lawyers were successful in proving that the railroad didn't inform its employees about the dangers of asbestos or diesel exhaust while they were working and that the railroad did not have safety procedures in place to shield its employees from the dangers of chemicals.

It is recommended to hire a lawyer with experience as soon as you can even though an employee may have up to three years to submit a FELA suit from the date they were diagnosed. The earlier our lawyer starts gathering witness statements, evidence and other evidence the more likely it is that a successful claim can be filed.

Causation

In a personal injuries action the plaintiffs must prove that the defendant's actions were the cause of their injuries. This requirement is known as legal causation. It is crucial that an attorney carefully examines the claim prior to filing it in the court.

Railroad workers are exposed chemicals, including carcinogens as well as other pollutants, from diesel exhaust by itself. These microscopic particles get into the lung tissue, causing inflammation and damage. Over time, these damages are accumulated and can cause debilitating conditions like chronic asthma and COPD.

One of our FELA case involves a former train conductor who was diagnosed with chronic obstructive pulmonary illnesses and Railroad lawsuit acute lymphocytic leukemia asthma after spending decades in the cabs without any protection. He also developed back problems due to his years of lifting and pushing. The doctor told him these back issues were the result of his exposure to diesel fumes which he claims, aggravated his health issues.

Our lawyers were able to preserve favorable trial court rulings as well as a small federal juror award for our client. The plaintiff claimed that the train derailment, and subsequent release of vinyl chloride from the rail yard affected his physical health and his emotional state, as he worried about developing cancer. However, the USSC determined that the railroad in question could not be responsible for his anxiety about getting cancer because he'd previously let go of the possibility of pursuing such a claim in a prior lawsuit.

Damages

If you've been injured while working for a railroad, you may qualify to file a suit under the Federal Employers' Liability Act. You could receive compensation for your injuries by this route, including the cost of medical bills as well as pain and suffering. However this process is not easy and you should speak with an attorney for train accidents to better understand your options.

In a case involving railroads, the first step is to demonstrate that the defendant had 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 harm. Finally, the plaintiff must prove that the breach was the primary cause of their injury.

For instance a railroad worker who was diagnosed with cancer as a result of their working for the railroad has to prove that their employer failed to properly warn them of the dangers of their job. They must also prove that their negligence caused their cancer.

In one case, we defended a railroad lawsuit emphysema company against a lawsuit brought by an employee who claimed that his cancer was caused by exposure to diesel and asbestos. We argued that the plaintiff's suit was barred by time because the plaintiff had signed a release in a previous lawsuit against the defendant.