How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad employees who are suffering from occupational diseases like cancer are entitled to pursue a lawsuit under Federal Employers' Liability Act. However, it can be challenging to prove that the illness is a result of work.
For example the worker could have signed an agreement when he first settled an asbestos-related claim and later filed a lawsuit for cancer that may have resulted from those exposures.
FELA Statute of Limitations
In a lot of workers' compensation cases, the clock starts to tick on the claim when an injury is discovered. However, FELA laws allow railroad employees to file lawsuits for the development of lung disease or cancer after a long time. It is essential to submit a FELA report as early after an injury or illness as is possible.
Sadly, the railroad will try to dismiss a case by asserting that the employee's actions were not within the three-year period of limitations. To determine when the FELA "clock" begins courts usually look at two Supreme Court decisions.
First, they must consider whether the railroad employee is aware that the symptoms are related to their job. The claim will not be denied when the railroad worker consults a doctor, and the doctor affirms that the injuries are due to their work.
A second factor to consider is the duration of the time from the time the railroad employee first began to notice signs. If he or she has been experiencing breathing difficulties for a long time and attributes the problems to their railroad work, then it is likely that the railroad employee is within the time limit. Please contact us for a free consultation for any concerns regarding your FELA claims.
Leukemia lawsuit provides railroad workers with the legal basis to hold negligent employers responsible. Railroad workers can sue their employers full for their injuries in contrast to other workers who are tied to worker's compensation plans with fixed benefits.
Our attorneys recently secured a verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, chronic bronchitis and Emphysema due to their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed that the cancer of the plaintiffs was not related to their jobs at railroads and the lawsuit was deemed to be time-barred because it had been more than three years since they realized that their health problems were related to their railroad work. Our Doran & Murphy attorneys were successful in proving that the railroad had never informed its employees about the dangers of diesel exhaust and asbestos when they were working, and did not have safety procedures to protect their workers from dangerous chemicals.
It is advisable to hire a lawyer with experience immediately even though a worker could have up to three years to file a FELA suit from the time they were diagnosed. The sooner your lawyer starts collecting witness statements, records and other evidence the greater chance there is of an effective claim.
Causation
In a personal injury case, plaintiffs must prove that the actions of a defendant led to their injuries. This is referred to as legal causation. It is vital that an attorney has a thorough examination of claims prior to filing in court.
Leukemia lawsuit are exposed chemicals, including carcinogens as well as other pollutants, through diesel exhaust by itself. These microscopic particles penetrate deep into lung tissue, causing inflammation as well as damage. Over time, the damages accumulate and result in debilitating conditions such as chronic asthma and COPD.
One of our FELA cases involves an ex-conductor who suffered from debilitating asthma as well as chronic obstructive lung disease after decades of working in the cabs of trains without any protection. In addition, he developed back pain that was debilitating as a result of his work in lifting, pushing and pulling. His doctor informed him that these back issues were the result of years of exposure to diesel fumes which he believes aggravated his other health issues.
Our lawyers were able keep favorable trial court rulings and also a modest federal juror award for our client. The plaintiff argued that the derailment of the train and the subsequent release of vinyl chloride into the rail yard affected both his physical and emotional condition because he was afraid he would get cancer. However the USSC found that the railroad defendant was not the sole cause of the fear of developing cancer because he previously released his ability to pursue the claim in a previous lawsuit.
Damages
If you've been injured while working on railways, you could be eligible to pursue a lawsuit under the Federal Employers' Liability Act. This means that you may be able to recover damages for your injuries, including compensation for your medical bills as well as for the pain and suffering you have endured as a result your injury. However, this process is complex and you should seek the advice of a lawyer who handles train accidents to understand your options.
The first step in a railroad lawsuit is to establish that the defendant had a duty to the plaintiff of care. The plaintiff must then prove that the defendant violated this duty by failing to protect the person injured from harm. The plaintiff must also prove that the breach was the direct cause of their injuries.
Bladder cancer lawsuit who develops cancer due to their job must prove that the employer did not adequately inform them of the dangers they could face. They also must demonstrate that their cancer was directly caused by this negligence.
In Bladder cancer lawsuit was sued by a former employee who claimed his cancer was caused through exposure to diesel and asbestos. We argued that the plaintiff's action was barred by time because he signed a prior release in another lawsuit against the same defendant.