A Proficient Rant Concerning Railroad Lawsuit Aplastic Anemia
How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary Disease
Railroad workers who suffer from occupational diseases such as cancer have the right to make a claim under the Federal Employers' Liability Act. However it can be difficult to prove that the condition is related to work.
For example workers may have signed a release when he first settled an asbestos lawsuit and then sued for cancer that was allegedly resulting from those exposures.
FELA Statute of Limitations
In a lot of workers' compensation cases, the clock begins to run on a claim as soon as an injury is discovered. FELA laws, however, allow railroad workers to pursue claims for lung disease or cancer years after the fact. It is imperative to make a FELA report as soon after an accident or illness as soon as it is possible.
Unfortunately, the railroad will attempt to dismiss a case by the argument that an employee's actions were not within the three-year statute of limitations. Courts often rely on two Supreme Court cases to determine when the FELA clock begins.
They must first determine if the railroad employee had any reason to believe that the symptoms were connected to their job. The claim is not void when the railroad employee goes to a doctor and the doctor affirms that the injuries are linked to their work.
The other factor is the amount of time from the time that the railroad employee first became aware of the symptoms. If the railroad employee has been suffering from breathing issues for a long time and attributes the problem to work on rails, then the statute of limitations will likely to apply. If you have concerns regarding your FELA claim, you can schedule a an appointment for a free consultation with one of our lawyers.
Employers' Negligence
FELA lays out an legal foundation for railroad workers to ensure that negligent employers are held accountable. Railroad employees can sue their employers in full for their injuries unlike other workers, who are subject to compensation programs for workers with fixed benefits.
Our attorneys obtained the verdict in a FELA case filed by retired Long Island Railroad machinists. cancer lawsuits were diagnosed with COPD, chronic bronchitis, and emphysema because of their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.
The railroad claimed the plaintiffs' cancer was not linked to their railroad work and the lawsuit was deemed to be time-barred since it was three years since they found out that their health problems were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad was not aware of its employees of asbestos' dangers and diesel exhaust while working and that the railroad had no safety procedures in place to safeguard its employees from the dangers of chemicals.
It is better to hire an experienced lawyer when you can, even though a worker may have up to three years to make an FELA suit starting from the day they were diagnosed. The earlier our lawyer begins collecting witness statements, records and other evidence the more likely it is that a successful claim can be filed.
Causation
In a personal injury lawsuit plaintiffs must demonstrate that the actions of a defendant caused their injuries. This is referred to as legal causation. This is the reason it's important that an attorney take the time to examine a claim before filing it in court.
Railroad workers are exposed to hundreds of chemicals, including carcinogens as well as other pollutants, through diesel exhaust alone. The microscopic particles penetrate deeply into lung tissue, causing inflammation as well as damage. In time, these injuries can lead to debilitating illnesses like chronic bronchitis and COPD.
One of our FELA cases involves a former train conductor who was diagnosed with chronic obstructive pulmonary diseases and asthma after spending a long time in cabins, with no protection. Also, he developed back issues because of his constant lifting and pushing. His doctor advised him that these problems were a result of long-term exposure to diesel fumes. He claims that this led to the aggravation of all of 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. The plaintiff claimed that the derailment of his train and subsequent release of vinyl chloride from the rail yard affected his physical condition and his emotional state, since he was concerned that he might develop cancer. The USSC found that the railroad defendant was not at fault for the plaintiff's fears of cancer since the plaintiff previously waived his right to sue the defendant railroad in a previous lawsuit.
Damages
If you were injured while working for a railroad company it is possible to file a suit under the Federal Employers' Liability Act. With this option, you could be able to claim damages for your injuries, which could include the amount you paid for medical bills and the pain and suffering you have suffered as a result of your injury. However this process can be complicated and you should seek the advice of an attorney who has handled train accidents to know your options.
The first step in a railroad lawsuit is to show that the defendant owed the plaintiff a duty of care. The plaintiff then has to prove that the defendant breached this duty by failing to protect the injured person from harm. In addition, the plaintiff must demonstrate that this breach was the primary cause of their injury.
A railroad worker who contracts cancer due to their job must prove that their employer failed properly to warn them about the dangers they could face. They also must demonstrate that their cancer was directly caused by the negligence of their employer.
In one instance, we defended a railroad against a lawsuit brought by a former employee who claimed that his cancer was the result of exposure to asbestos and diesel. We claimed that the plaintiff's claim was barred because he had signed a prior release in another lawsuit against the same defendant.