Will Railroad Lawsuit Aplastic Anemia One Day Rule The World?
How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers suffering from occupational illnesses such as cancer can sue in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the disease is work-related.
For instance, a worker might have signed a release after the settlement of an asbestos lawsuit. Then, he sued for a alleged cancer caused by the exposures.
FELA Statute of Limitations
In many workers' compensation cases, the clock starts in a claim at the moment an injury is discovered. FELA laws permit railroad workers to pursue claims for lung disease or cancer for years after the incident has occurred. This is why it is crucial to file an FELA injury or illness report as soon as possible.
Sadly, railroads often try to dismiss a case by arguing that the employee failed to act within the three year statute of limitations. To determine when the FELA "clock" starts, courts often look to two Supreme Court decisions.
The first thing they'll consider is whether the railroad employee has a reason to believe his or her ailments are related to their job. If the railroad employee visits to a doctor and the doctor affirms in a conclusive manner that the injuries have a connection to work the claim is not time-barred.
The other aspect is the length of time from the time that the railroad employee first began to notice symptoms. If he or she is experiencing breathing difficulties for a long time and attributes the issue to the railway work, then it is likely that the railroad worker is within the statute of limitations. Please contact us for a no-cost consultation for any concerns about your FELA claims.
Employers' Negligence
FELA sets out the legal basis for railroad workers to make employers accountable for their actions. Contrary to most other workers who are bound by worker's compensation systems with set benefits, railroad employees are able to sue their employers for the full amount of their injuries.
Our lawyers won the verdict in a FELA case brought by retired Long Island Railroad machinists. They were diagnosed with COPD chronic bronchitis and emphysema due to their asbestos exposure when working on locomotives. Interstitial lung disease lawsuit awarded them damages of $16,400,000.
The railroad claimed that the plaintiffs' cancer was not linked to their work at the railroad and the lawsuit was time-barred because it had been more than three years since they found out that their health issues were a result of their railroad work. Our Doran & Murphy attorneys were capable of proving that the railroad never given its employees any information about the dangers of asbestos and diesel exhaust when they were working, and did not have security measures to shield their employees from the dangers of hazardous chemicals.
Although a worker has three years from the date of diagnosis to start a FELA lawsuit, it is always better to seek out a skilled lawyer as soon as it is possible. The sooner we can have our attorney begin gathering witness statements, records and other evidence more likely a successful claim will be made.
Causation
In a personal injury lawsuit plaintiffs must prove that the actions of a defendant caused their injuries. This is known as legal causation. This is why it's so crucial that an attorney review a claim prior to filing it in the court.
Diesel exhaust is the only source that exposes railroad workers to a myriad of chemicals, including carcinogens pollution and other pollutants. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. Over time, these damages can cause debilitating conditions like chronic bronchitis or COPD.
One of our FELA cases involves a former train conductor who developed chronic obstructive lung illnesses and asthma after spending a long time in cabins with no protection. Additionally, he was diagnosed with back pain that was debilitating due to his work in lifting, pushing and pulling. His doctor told him these problems were a result of the years of exposure to diesel fumes. He claims that this led to the aggravation of all of his health issues.
Our lawyers successfully defended favorable court rulings on trial and a modest federal jury verdict for our client in this case. The plaintiff alleged that the derailment of his train and subsequent release of vinyl chloride from the rail yard impacted his physical condition and his emotional state, as he was worried about developing cancer. However the USSC determined that the railroad in question could not be responsible for his fear of getting cancer because he'd previously released his ability to pursue this claim in a previous lawsuit.
Damages
If you have been injured while working for a railroad, you may be eligible to bring a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries through this method, which could include the payment of medical bills and pain and suffering. However this process is not easy and you should seek the advice of an attorney for train accidents to learn more about your options.
In a case involving railroads, the first step is to prove the defendant had an obligation of good-faith to the plaintiff. The plaintiff must prove that the defendant breached the duty of care by failing to safeguard them from harm. The plaintiff must then show that the defendant's breach of duty was the primary cause of their injuries.
For example railway workers who developed cancer due to their working for the railroad has to prove that their employer did not adequately warn them of the risks associated with their job. They also must demonstrate that their cancer was directly caused by this negligence.
In one instance we defended a railroad company against a lawsuit filed by an employee who claimed that his cancer was the result of exposure to diesel and asbestos. We were of the opinion that the plaintiff's lawsuit was barred because he had signed an earlier release in another lawsuit against the same defendant.