How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Railroad workers who suffer from occupational diseases such as cancer have the right to file a lawsuit under the Federal Employers' Liability Act. It isn't always easy to prove that a health issue is connected to work.

A worker, for instance could have signed a release following settlement of an asbestos claim. Then, he could sue later for a alleged cancer caused by those exposures.

FELA Statute of Limitations

In many workers' compensation cases, the clock starts in a claim at when an injury is declared. FELA laws permit railroad workers to file a lawsuit for lung disease or cancer years after the incident has occurred. This is why it is so important to get a FELA injury or illness report as soon as possible.

Unfortunately, the railroad will try to dismiss a case asserting that the employee's actions were not within the three-year time frame of limitations. To determine when the FELA "clock" begins courts usually look at two Supreme Court decisions.

In the beginning, they will determine whether the railroad employee is aware that the symptoms are related to their work. The claim can be ruled out if the railroad worker goes to a doctor and the doctor concludes that the injuries are linked to their work.

The other factor is the time before the csx railroad lawsuit employee became aware of the symptoms. If the employee is experiencing breathing difficulties for a long time and attributes the issue to the work on the rails it is most likely that the railroad employee is within the time limits. Please contact us for a free consultation should you have any questions about your FELA claims.

Employers' Negligence

FELA gives railroad employees legal grounds to hold negligent employers accountable. In contrast to other workers, who are bound by worker's compensation systems with fixed benefits, railroad employees can sue their employers for the full amount of their injuries.

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

The railroad claimed the plaintiffs' cancer was not connected to their work at the railroad and the lawsuit was time-barred because it had been more than three years since they realized that their health problems were a result of their union pacific railroad lawsuits against union pacific railroad (bridgejelly71Fusi.Serena@cenovis.the-m.co.kr) work. Our Doran & Murphy lawyers were able to show that the railroad didn't inform its employees about asbestos' dangers and diesel exhaust while they were at work, and that the railroad had no safety procedures in place to shield its employees from the dangers of chemicals.

Although a worker has up to three years from the date of diagnosis to make a FELA lawsuit however, it is best to get a seasoned lawyer as soon as is possible. The sooner our attorney starts collecting witness statements, records and other evidence the better chance is of the success of a claim.

Causation

In a personal injury action plaintiffs must prove that the actions of a defendant led to their injuries. This requirement is called legal causation. It is important that an attorney thoroughly examines a claim before filing in court.

Railroad workers are exposed to hundreds of chemicals, including carcinogens as well as other contaminants, via diesel exhaust by itself. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damages build up and cause debilitating conditions like chronic asthma and COPD.

One of our FELA cases involves a former conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease after many years in the cabs of trains without any protection. Additionally, he was diagnosed with debilitating back problems due to his long hours of pulling, pushing and lifting. His doctor told him that these issues were the result of years of exposure to diesel fumes, which he claims, aggravated his health issues.

Our lawyers were able to keep favorable trial court rulings as well as a minimal federal juror award for our client. The plaintiff alleged that the train derailment and subsequent release of vinyl chloride from the rail yard affected his physical health and his emotional state, as he was worried that he would get cancer. The USSC found that the defendant railroad class action lawsuit did not have any responsibility for union pacific railroad lawsuits the plaintiff's anxiety about cancer, since the plaintiff had previously renounced his right sue the railroad defendant in a prior lawsuit.

Damages

If you have been injured during your employment on a railroad, you may be able to file a lawsuit under the Federal Employers' Liability Act. This means that you can seek damages for your injuries, including reimbursement for medical expenses as well as for the pain and suffering you have endured as a result your injury. This process is complex and you should speak with a train accident lawyer to understand 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 then show that the defendant violated this duty by failing to safeguard the person injured from harm. Finally, the plaintiff must prove that the breach was the direct cause of their injury.

For instance, a railroad worker who develops cancer as a result of their working for the railroad has to prove that their employer did not adequately warn them of the dangers that they face in their work. They must also prove that the negligence caused 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 because he had signed an earlier release in a separate suit against the same defendant.