How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Railroad employees who are suffering from occupational illnesses such as cancer can pursue a lawsuit under Federal Employers' Liability Act. However cancer lawsuits can be difficult to prove that the disease is caused by work.

A worker, for example might have signed a release following settling an asbestos claim. Then, he sued for cancer he claimed was caused by the exposures.

FELA Statute of Limitations

In many workers' compensation cases the clock starts ticking on a claim when an injury is declared. FELA laws permit railroad workers to file a lawsuit for lung disease or cancer long after the incident has occurred. It is imperative to make an FELA report as early after an injury or illness as you can.

Sadly, the railroad will attempt to dismiss a case by asserting that the employee did not act within the three-year statute of limitations. cancer lawsuits rely on two Supreme Court cases to determine when the FELA clock begins.

First, they will consider whether the railroad employee is aware that his or her ailments are a result of their work. If the railroad worker goes to a doctor, and the doctor is able to prove that the injuries are related to work, the claim is not time-barred.

The second aspect is the time from the time that the railroad employee first began to notice symptoms. If the employee has been suffering from breathing problems for several years and ascribes the problem to their railroad work, then it is likely that the railroad worker is within the time limits. Please contact us for a no-cost consultation should you have any questions about your FELA claims.

Employers' Negligence

FELA gives railroad workers the legal basis to hold negligent employers responsible. As opposed to Bladder cancer lawsuit who are bound by the system of worker's compensation that has defined benefits, railroad workers are able to sue their employers for the full amount of their injuries.

Our attorneys recently won an award in a FELA lawsuit filed by three retired Long Island Railroad machinists who were diagnosed with COPD chronic bronchitis, COPD and Emphysema because of their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.


The railroad claimed that the plaintiffs' cancer wasn't linked to their job on the railroad and that the lawsuit was dismissed because it had been over three years since the plaintiffs discovered their health issues were linked to their work on the railroad. Our Doran & Murphy lawyers were able to show that the railroad never informed its employees about asbestos' dangers and diesel exhaust while they were at work and the railroad didn't have safety procedures in place to shield its workers from harmful chemicals.

It is best to engage a lawyer with experience as soon as you can even though a worker may have up to three years to file an FELA suit from the time they were diagnosed. The earlier our lawyer begins gathering witness statements, records and other evidence the greater chance there is of a successful claim.

Causation

In a personal injuries lawsuit plaintiffs must show that the defendant's actions are accountable for their injuries. This is referred to as legal causation. This is why it's important that an attorney take the time to review a claim prior to filing it in the court.

Railroad workers are exposed to a myriad of chemicals, including carcinogens as well as other pollutants, through diesel exhaust on its own. These microscopic particles get into the lung tissue, causing inflammation and damage. Over time, these damages become more severe and lead to conditions such as chronic asthma and COPD.

One of our FELA cases is a former conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease following decades of working in the cabs of trains without any protection. Additionally, he developed back pain that was debilitating due to his long hours of pulling, pushing and lifting. Bladder cancer lawsuit advised him that these issues were the result of years of exposure to diesel fumes, which he claimed aggravated his other health issues.

Our attorneys were able to retain favorable court rulings in trial as well as a modest federal juror award for our client. cancer lawsuit argued that the derailment of the train and the subsequent release vinyl chloride into the rail yard affected both his physical and psychological condition and he was concerned that his cancer would strike him. However the USSC held that the railroad defendant could not be the cause of the worry that he had about developing cancer because he had previously let go of the possibility of pursuing this kind of claim in a prior lawsuit.

Damages

If you've suffered an injury during your employment on the railroad, you could be eligible to bring a lawsuit under the Federal Employers' Liability Act. With this option, you could recover damages for your injuries, including the amount you paid for medical bills and the pain and suffering you have endured as a result of your injury. However the process is complicated and you should talk to a train accident lawyer to learn more about your options.

The first step in a railroad lawsuit is to establish that the defendant was liable to the plaintiff under a duty of care. The plaintiff must demonstrate that the defendant violated this duty of care by failing to safeguard them from injury. Finally, the plaintiff must show that the breach was a direct cause of their injury.

A railroad worker who develops cancer due to their job must prove that the employer did not adequately inform them of the risks they face. They must also prove that the negligence caused their cancer.

In one instance, we defended a railroad company against a lawsuit brought by a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. The plaintiff's lawsuit was not time-barred because he had signed a release in a prior lawsuit against the defendant.