How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Railroad workers who suffer from occupational illnesses such as cancer are entitled to bring a lawsuit under the Federal Employers' Liability Act. It isn't always easy to prove that a health issue is related to work.

For example the worker could have signed an agreement to release himself when he settled an asbestos-related claim and then sued later for cancer that allegedly resulted from exposures.

Statute of Limitations under the FELA

In many workers' comp cases, the clock begins to tick on an injury immediately after an injury is identified. FELA laws, however, allow railroad employees to sue for lung disease or cancer years after it has happened. It is crucial to submit an FELA report as shortly after an injury or illness as you can.

Sadly, railroads often attempt to get a case dismissed by arguing that the employee failed to act within the three year time limit. Courts often rely on two Supreme Court cases to determine when the FELA clock begins.

First, class action Lawsuit against union pacific railroad they must consider whether the railroad worker has a reason to believe the symptoms are a result of their work. The claim is not barred in the event that the railroad employee goes to a doctor and the doctor concludes that the injuries are linked to their job.

The second factor is the length of time since the railroad employee first noticed symptoms. If the railroad employee has been suffering from breathing issues for a number of years and class action lawsuit against union Pacific railroad attributes the issue to his or work on rails, then the statute of limitations will likely to apply. If you have concerns about your FELA claim, please set up a an appointment for a no-cost consultation with our lawyers.

Employers' Negligence

FELA establishes the legal basis for railroad lawsuits workers to hold negligent employers accountable. In contrast to other workers, who are bound by compensation systems for workers with set benefits, railroad employees can sue employers for the full amount of their injuries.

Our attorneys recently won the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who were diagnosed with 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 the plaintiffs' cancer was not related to their railroad jobs and the lawsuit was not time-barred because it was over three years since they learned that their health problems were a result of their railroad work. Our Doran & Murphy attorneys were successful in proving that the railroad never given its employees any information about the dangers of asbestos and diesel exhaust while they were at work and did not have safety procedures to protect their employees from hazardous chemicals.

It is recommended to hire an experienced lawyer immediately even though a person could have up to three years to submit a FELA suit from the date they were diagnosed. The sooner we can get our attorney started gathering witness statements, records and other evidence then the greater chance is of an effective claim.

Causation

In a personal injuries lawsuit the plaintiffs must prove that the defendant's actions were responsible for their injuries. This is known as legal causation. This is why it's vital that an attorney examine a claim before filing it in the court.

Railroad workers are exposed to a variety of chemicals, including carcinogens as well as other contaminants, via diesel exhaust on its own. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damages accumulate and result in debilitating conditions like chronic lung inflammation and COPD.

One of our FELA cases involves a former conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease following decades of working in the cabs of trains without any protection. Also, he developed back issues due to his long hours of lifting and pushing. His doctor advised him that these issues were the result of the years of exposure to diesel fumes. He believes this caused the onset of the other health problems.

Our attorneys were able to preserve favorable court rulings in trial as well as a small federal jury award for our client in this case. The plaintiff claimed that the derailment of the train and the subsequent release of vinyl chloride into the rail yard affected his physical and emotional state since he was worried that his cancer would strike him. The USSC determined that the defendant railroad was not responsible for the plaintiff's fear of cancer since the plaintiff previously waived his right to sue the csx railroad lawsuit defendant in a previous lawsuit.

Damages

If you have suffered an injury while working on an railroad, you could be eligible to make a claim under the Federal Employers' Liability Act. You could be awarded compensation for your injuries by this route, including the payment of medical bills and pain and suffering. However, this process is complex and you should talk to a lawyer who handles train accidents to know your options.

The first step in a railroad class action lawsuit against railroads class action lawsuit against norfolk southern railroad lawsuit against union pacific railroad (more about Bookingsilo) is to demonstrate that the defendant had a duty to the plaintiff of care. The plaintiff must show that the defendant violated this duty of care by failing to safeguard them from injury. The plaintiff must then prove that the breach of duty by the defendant was a direct reason for their injury.

A railroad worker who develops cancer due to their work must prove that their employer failed properly to inform them of the dangers they face. They must also prove that their negligence caused their cancer.

In one case one railroad company was accused of wrongful conduct by a former employee who claimed his cancer was caused by exposure to diesel fumes and asbestos. We argued that the plaintiff's suit was barred by time because the plaintiff had signed a waiver in a previous suit against the defendant.