How Do You Explain Railroad Lawsuit Aplastic Anemia To A Five-Year-Old
How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Rail workers who suffer from occupational illnesses like cancer can file a lawsuit in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the disease is a result of work.
For instance the worker could have signed an indemnity agreement when he initially settled an asbestos-related claim and then later sued for cancer that allegedly resulted from those exposures.
Statute of Limitations under the FELA
In many workers' comp cases, the clock begins to tick on claims as soon as an injury is reported. However, FELA laws allow railroad employees to file a lawsuit for the formation of lung disease and cancer, even years after the fact. It is important to submit an FELA report as soon after an injury or illness as you can.
Unfortunately, the railroad will often try to dismiss a case by arguing that the employee did not act within the three-year time limit. To determine when the FELA "clock" begins courts typically look to two Supreme Court decisions.
The first thing they'll consider is whether the railroad employee has a reason to believe the symptoms are related to their job. If the railroad worker goes to a doctor, and the doctor is able to prove that the injuries are work-related then the claim isn't time barred.
Another aspect to consider is the duration of time that has passed since the railroad employee started to notice symptoms. If the railroad employee has been having breathing problems for several years and attributes the problem to his or work on the rails then the statute of limitations is likely to be applicable. Contact us for a no-cost consultation for any concerns about your FELA claims.
Employers' Negligence
FELA provides railroad workers with a legal basis to hold negligent employers responsible. Unlike most other workers, who are governed to worker's compensation systems that have set benefits, railroad employees can sue employers for the full value of their injuries.
Our lawyers won an award recently in a FELA case brought 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 cancer of the plaintiffs wasn't linked to their job on the railroad and that the lawsuit was not allowed because it had been over three years since the plaintiffs discovered that their health issues were linked to their work at the railroad. Our Doran & Murphy attorneys were able show that the railroad had never given its employees any information about the dangers of diesel exhaust and asbestos while they worked and had no safety protocols to protect its workers from dangerous chemicals.
It is best to engage a lawyer with experience as soon as you can even though an employee could have up to three years to start a FELA lawsuit from the date they were diagnosed. The sooner your lawyer starts gathering witness statements, records, and other evidence, the better chance is of a successful claim.
Causation
In a personal-injury action plaintiffs must demonstrate that the actions of a defendant led to their injuries. This is referred to as legal causation. This is why it's crucial that an attorney review a claim prior to filing it in court.
Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals including carcinogens, pollutants, and other pollutants. These microscopic particles penetrate deep into the lung tissue and cause inflammation and damage. Over time, the damages become more severe and lead to conditions like chronic asthma and COPD.
One of our FELA cases involves an ex-train conductor who developed chronic obstructive pulmonary ailments and asthma after spending a long time in cabs without any protection. He also experienced back pain due to the years of lifting and pushing. The doctor told him these back issues were the result of years of exposure to diesel fumes, which he claimed aggravated his health issues.
Our lawyers were able to secure favorable court rulings in trial and a modest federal jury award for our client in this case. The plaintiff claimed that the train derailment and subsequent release of vinyl chloride from the rail yard impacted his physical condition as well as his mental state, as he feared that he might develop cancer. cancer lawsuit found that the defendant railroad was not at fault for the plaintiff's fears of cancer since the plaintiff already waived his rights to sue the defendant railroad in a prior lawsuit.
Damages
If you have suffered an injury while working on the railroad, you could be eligible to file a lawsuit under the Federal Employers' Liability Act. You could be awarded damages for your injuries via this avenue, including the cost of medical bills as well as pain and suffering. However, this process is complex and you should talk to an attorney for train accidents to learn more about your options.
In a railroad case the first step is to demonstrate that the defendant was bound by the duty of good faith to the plaintiff. The plaintiff then has to prove that the defendant breached this obligation by failing in protecting the person injured from harm. The plaintiff should then demonstrate that the breach of duty by the defendant was the sole reason for their injury.
For union pacific railroad lawsuit who was diagnosed with cancer as a result of their work at the railroad has to prove that their employer did not adequately warn them about the dangers that they face in their work. They also must demonstrate that their cancer was directly caused by the negligence of their employer.
In one case a railroad company was brought before a former employee who claimed that his cancer was caused by exposure to diesel and asbestos. We asserted that the plaintiff's suit was barred because he had signed an earlier release in a separate suit against the same defendant.