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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses like cancer can bring a lawsuit in line with the Federal Employers' Liability Act. However it can be difficult to prove that the condition is a result of work.
cancer lawsuits , for instance, may have signed a waiver after the settlement of an asbestos lawsuit. Then, he sued for cancer that was allegedly caused by exposure to asbestos.
union pacific railroad lawsuit of Limitations under the FELA
In a lot of workers' compensation cases, the clock starts to tick on claims immediately after an injury is reported. FELA laws permit railroad employees to pursue claims for lung disease or cancer long after the fact. It is imperative to submit a FELA report as soon after an accident or illness as soon as it is possible.
Unfortunately, the railroad will try to dismiss a case by arguing that an employee was not acting within the three-year time frame of limitations. To determine when the FELA "clock" begins, courts often look to two Supreme Court decisions.
The first thing they'll consider is whether the railroad employee is aware that his or her symptoms are a result of their work. If the railroad employee visits to a doctor, and the physician conclusively states that the injuries have a connection to work then the claim isn't time barred.
The other aspect is the length of time before the railroad employee became aware of the symptoms. If the railroad employee has had breathing issues for a number of years and attributes the problem to work on the rails, then the statute of limitations is likely to be applicable. If you have questions about your FELA claim, please set up a an appointment for a free consultation with one of our lawyers.
Employers' Negligence
FELA gives railroad workers an legal basis to hold negligent employers accountable. Railroad workers can sue their employers in full for injuries suffered, unlike most other workers, who are subject to worker's compensation schemes that have fixed benefits.
Our lawyers recently obtained an award in a FELA lawsuit filed by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, chronic bronchitis as well as emphysema as a result of their exposure to asbestos when 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 time-barred since it was three years since they found out that their health issues were a result of their railroad work. Our Doran & Murphy attorneys were successful in proving that the railroad had not informed its employees about the dangers of diesel exhaust and asbestos while they were working and had no safety protocols to protect its employees from the dangers of hazardous chemicals.
It is best to engage an experienced lawyer when you can even though an employee could have up to three years to make a FELA suit from the date they were diagnosed. The earlier our lawyer begins gathering witness statements, records and other evidence more likely it is that the claim will be successful. made.
Causation
In a personal injury lawsuit the plaintiffs must prove that the defendant's actions were at fault for their injuries. This is referred to as legal causation. This is why it's important that an attorney thoroughly analyze a claim prior filing it in the court.
Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals, including carcinogens pollutants and other pollutants. The microscopic particles penetrate deeply into lung tissues, causing inflammation and damage. As time passes, these damage can lead to debilitating conditions such as chronic bronchitis or COPD.
One of our FELA cases is an ex-conductor who suffered from debilitating asthma as well as chronic obstructive lung disease after decades spent in train cabs without any protection. He also experienced back pain because of his constant lifting and pushing. His doctor advised him that these problems were the result of his exposure to diesel fumes which he claims exacerbated his health issues.
Our attorneys successfully preserved favorable court rulings on trial and a minimal federal jury award for our client in this case. The plaintiff alleged that the train derailment, and subsequent release of vinyl chloride from the rail yard impacted his physical health as well as his emotional state, as he worried that he would get cancer. The USSC ruled that the railroad defendant was not to blame for the plaintiff's fears of cancer since the plaintiff had already waived his rights to sue the railroad defendant in a previous lawsuit.
Damages
If you've suffered an injury when working on the railroad, you could be able to file a lawsuit under the Federal Employers' Liability Act. By filing a lawsuit, you could recover damages for your injuries, which could include the cost of medical bills as well as the pain and suffering you have endured as a result your injury. cancer lawsuits is complex and you should speak with a lawyer for train accidents to learn more about your options.
The first step in a railroad lawsuit is to show that the defendant had a duty to the plaintiff of care. The plaintiff must then show that the defendant breached this obligation by failing to protect the person injured from injury. The plaintiff must also demonstrate that this breach was the direct reason for their injury.
For instance, a railroad worker who developed cancer as a result of their working for the railroad has to prove that their employer failed to adequately warn them of the dangers that they face in their work. They also must demonstrate that their cancer was directly caused by this negligence.
In one instance one railroad company was sued by a former employee who claimed his cancer was caused through exposure to diesel and asbestos. The plaintiff's lawsuit was barred by time because he had signed a release in a previous lawsuit against the defendant.