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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Rail workers who suffer from occupational illnesses like cancer may file a lawsuit in accordance with the Federal Employers' Liability Act. It isn't easy to prove that a disease is related to work.

For instance, a worker might have signed a release following settlement of an asbestos claim. Then, he sued for cancer he claimed was caused by those exposures.

FELA Statute of Limitations

In many workers' compensation cases, the clock begins to tick on claims immediately after an injury is reported. However, FELA laws allow railroad employees to bring a lawsuit in the event of the development of lung disease and cancer, even years after the fact. This is why it is essential to file an FELA injury or illness report as soon as you can.

Sadly, mesothelioma lawsuit try to dismiss a case by arguing that the employee failed to act within the three-year time limit. To determine when the FELA "clock" begins courts typically look to two Supreme Court decisions.

The first thing to consider is whether the railroad employee had any reason to believe that the symptoms were connected to their job. The claim can be ruled out if the railroad worker goes to the doctor and the doctor affirms that the injuries are linked to their job.

The other aspect is the amount of 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 work on the rails then the statute of limitation is likely to apply. Contact us for a no-cost consultation should you have any questions regarding your FELA claims.

Employers' Negligence

FELA sets out an legal foundation for railroad employees to hold negligent employers accountable. Contrary to most other workers who are governed by worker's compensation systems with set benefits, railroad employees are allowed to sue their employers for the full value of their injuries.

Our lawyers won a verdict recently in a FELA case brought by retired Long Island Railroad machinists. They suffered from COPD chronic bronchitis and emphysema as a result of their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000.

The railroad claimed that the plaintiffs' cancer was not connected to their railroad work and that the lawsuit was barred because it had been more than three years since they realized that their health issues were due to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad didn't inform its employees about the dangers of asbestos and diesel exhaust while at work and the railroad did not have safety procedures in place to shield its workers from harmful chemicals.

It is advisable to hire an experienced lawyer immediately, even though a worker may have up to three years to file a FELA suit from the date they were diagnosed. The sooner we can get our attorney started collecting witness statements, documents and other evidence the better chance is of an effective claim.

Causation


In a personal-injury action plaintiffs must prove that the actions of a defendant led to their injuries. Interstitial lung disease lawsuit is known as legal causation. This is the reason it's important that an attorney take the time to review a claim prior to filing it in the court.

Railroad workers are exposed chemicals, including carcinogens as well as other harmful substances, through diesel exhaust alone. These microscopic particles get into the lung tissues, causing inflammation and damage. Over time, these damages can lead to debilitating conditions such as chronic bronchitis, or COPD.

One of our FELA case involves a former train conductor who developed chronic obstructive pulmonary ailments and asthma after spending years in cabins with no protection. Also, he developed back issues because of his constant lifting and pushing. His doctor told him these problems were a result of the years of exposure to diesel fumes. Lymphoma lawsuit claims that this led to the aggravation of all of his health issues.

Our attorneys successfully preserved favorable court rulings in trial and a comparatively low federal jury verdict for our client in this case. The plaintiff argued that the derailment of the train and subsequent release vinyl chloride into the rail yard impacted his physical and emotional condition and he was concerned that his cancer would strike him. The USSC found that the defendant railroad was not responsible for the plaintiff's fears of cancer since the plaintiff previously renounced his right to sue the defendant railroad in a previous lawsuit.

Damages

If you've been 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 reimbursement for medical expenses and pain and suffering. However this process is not easy and you should speak with an attorney who has handled train accidents to learn more about your options.

The first step in a railroad lawsuit is to demonstrate that the defendant had a responsibility to the plaintiff of care. The plaintiff must then show that the defendant breached this duty by failing to protect the person injured from injury. The plaintiff must also demonstrate that this breach was the primary cause of their injury.

For example, a railroad worker who contracted cancer as a result of their work at the railroad has to prove that their employer failed to adequately warn them of the risks associated with their job. They must also demonstrate that their cancer was directly caused by the negligence of their employer.

In one case we defended a railroad company against a lawsuit brought by an employee who claimed that his cancer was caused by exposure to diesel and asbestos. Interstitial lung disease lawsuit argued that the plaintiff's claim was not time-barred because the plaintiff had signed a release in a prior lawsuit against the defendant.

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