How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease Railroad employees who are suffering from occupational diseases, such as cancer, have the right to file a lawsuit under the Federal Employers' Liability Act. However it can be difficult to prove that the disease is related to work. For instance, a worker, may have signed a release following having settled an asbestos claim. Then, he could sue later for a alleged cancer caused by those exposures. Statute of Limitations under the FELA In many workers' compensation cases, the clock begins to run on claims when an injury is reported. FELA laws, however, allow railroad workers to sue for lung diseases or cancer for years after the fact. It is important to file a FELA report as early after an injury or illness as you can. Unfortunately, the railroad will often try to dismiss a case by arguing that the employee failed to perform the task within the three-year statute of limitations. Courts typically use two Supreme Court cases to determine when the FELA clock will begin. The first thing they'll consider is whether the railroad worker has reason to know that his or her ailments are related to their job. The claim will not be denied if the railroad worker goes to a doctor and the doctor affirms that the injuries were due to their work. A second factor to consider is the duration of time since the railroad employee began to notice symptoms. If the railroad employee has been suffering from breathing problems for several years and attributes the problem to work on rails, then the statute of limitations is likely to apply. If you are concerned about your FELA claim, please set up a an appointment for a no-cost consultation with our lawyers. Employers' Negligence FELA provides railroad workers with an legal basis to hold negligent employers accountable. Unlike most other workers, who are governed by compensation systems for workers with fixed benefits, railroad employees can sue employers for the full amount of their injuries. Our attorneys secured an award in a recent FELA case filed by retired Long Island Railroad machinists. They were diagnosed with COPD chronic bronchitis and 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 that the plaintiffs' cancer was not connected to their work at the railroad and that the lawsuit was barred due to the fact that it was more than three years since they discovered that their health problems were a result of their railroad work. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees about asbestos's dangers and diesel exhaust while working and that the railroad didn't have safety procedures in place to safeguard its employees from the dangers of chemicals. Although a person has up to three years from the date of diagnosis to file a FELA lawsuit, it is always better to get a seasoned lawyer as soon as is possible. The sooner we can get our attorney started collecting witness statements, documents, and other evidence, then the better chance there is of winning the case. lawsuits against union pacific railroad In a personal injury lawsuit the plaintiffs must prove that the defendant's actions were at fault for their injuries. This requirement is known as legal causation. It is important that an attorney examines any claim before submitting it to court. Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals, including carcinogens, pollution and other pollutants. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. Over time, these damages could lead to debilitating ailments such as chronic bronchitis, or COPD. One of our FELA cases involves a former conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease after years of working in train cabs without protection. Additionally, he was diagnosed with debilitating back problems due to his work in pulling, pushing and lifting. His doctor told him that these issues were the result of years of exposure to diesel fumes, which he claims exacerbated his other health issues. Our lawyers were able keep favorable trial court rulings as well as a minimal federal juror award for our client. The plaintiff claimed that the train derailment, and subsequent release of vinyl chloride from the rail yard affected his physical condition as well as his emotional state, since he was concerned about developing cancer. However, the USSC declared that the railroad defendant was not responsible for the fear of developing cancer since he had previously waived the right to bring such a claim in a prior 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 lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries through this route, including compensation for medical bills and pain and suffering. The process is a bit complicated, and you should consult an attorney for train accidents to learn more about 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 must prove that the defendant violated this duty of care by failing to safeguard them from injury. Finally, the plaintiff must demonstrate that this breach was a direct reason for their injury. For example a railroad worker who contracted cancer due to their work at the railroad has to prove that their employer failed to adequately warn them of the dangers associated with their job. They must also prove that their cancer was directly caused by this negligence. In one instance one railroad company was accused of wrongful conduct by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. We argued that the plaintiff's suit was time-barred, because the plaintiff had signed a waiver in a previous suit against the defendant.
lawsuits against union pacific railroad
