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How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease

Rail workers suffering from occupational illnesses like cancer may sue in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the condition is caused by work.

For instance, a worker, may have signed a release after having settled an asbestos claim. Then, he sued for cancer he claimed was caused by those exposures.

Statute of Limitations under the FELA

In many workers' compensation cases, the clock starts clocking on a claim the moment an injury is discovered. FELA laws, however, allow railroad employees to sue for lung diseases or cancer for years after it has happened. This is why it's vital to obtain a FELA injury or illness report as soon as you can.

Sadly, the railroad will try to dismiss a case asserting that the employee did not act within the three-year time frame of limitations. To determine when the FELA "clock" starts courts usually look to two Supreme Court decisions.

First, they must consider whether the railroad worker has a reason to believe the symptoms are related to work. If the railroad employee goes to a doctor and the physician conclusively states that the injuries are related to work the claim is not time barred.

Another thing to consider is the the time since the railroad employee began to notice signs. If the railroad employee has been having breathing issues for a number of years, and attributes the problem to his or her work on rails, then the statute of limitation will likely to apply. Please contact us for a free consultation in case you have questions regarding your FELA claims.

Employers' Negligence

FELA establishes a legal framework for railroad employees to hold negligent employers accountable. In contrast to other workers, who are governed by worker's compensation systems with defined benefits, railroad workers are allowed 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 suffered COPD chronic bronchitis, chronic bronchitis as well as Emphysema from their exposure to asbestos when working on locomotives. union pacific railroad lawsuit awarded them $16,400,000 in damages.

The railroad claimed that the plaintiffs' cancer was not linked to their jobs on the railroad, and that the lawsuit was not allowed due to the fact that it had been three years since the plaintiffs discovered their health issues were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad didn't inform its employees about the dangers of asbestos or diesel exhaust while they were working, and the railroad didn't have safety procedures in place to shield its employees from hazardous chemicals.

Although a person has up to three years from the date of diagnosis to file a FELA lawsuit It is always best to hire an experienced lawyer as soon as is possible. The earlier our lawyer begins gathering witness statements, records and other evidence then the better chance there is of the success of a claim.

Causation

In a personal injuries action the plaintiffs must prove that the defendant's actions were the cause of their injuries. This is known as legal causation. It is vital that an attorney examines a claim before filing in the court.

Railroad workers are exposed chemicals, including carcinogens as well as other pollutants, from diesel exhaust on its own. These microscopic particles get into the lung tissue and cause inflammation and damage. Over time, these damages are accumulated and can cause debilitating conditions such as chronic asthma and COPD.

One of our FELA cases involves a former conductor who developed debilitating asthma and chronic obstructive respiratory disease following decades of working in the cabs of trains without any protection. In addition, he developed debilitating back problems due to his years of lifting, pushing and pulling. His doctor told him these problems were caused by years of exposure diesel fumes. He claims this exacerbated all of his health issues.

Our lawyers were able keep favorable trial court rulings as well as a small federal juror award for our client. The plaintiff alleged that the train derailment and subsequent release of vinyl chloride from the rail yard affected his physical condition and also his emotional state, as he feared that he would develop cancer. However the USSC found that the railroad defendant could not be the cause of the fear of developing cancer because he had previously let go of the possibility of pursuing such a claim in a previous lawsuit.

Damages

If you've suffered an injury while working for a railroad company and you were injured, you could be eligible to file a suit under the Federal Employers' Liability Act. You could be awarded damages for your injuries using this avenue, including compensation for medical bills and pain and suffering. The process is a bit complicated, and you should consult with a train accident attorney to fully understand your options.

The first step in a railroad lawsuit is to show that the defendant was liable to the plaintiff under a duty of care. The plaintiff has to show that the defendant breached this obligation by failing to protect the person injured from injury. Finally, the plaintiff must demonstrate that this breach was a direct cause of their injuries.

For instance an employee of a railroad who contracted cancer due to their working for the railroad has to prove that their employer failed to adequately warn them about the risks associated with their job. They must also demonstrate that their cancer was directly caused by this negligence.





In one case one railroad company was sued by a former worker who claimed that his cancer was caused due to exposure to diesel 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.