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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 pursue a lawsuit under Federal Employers' Liability Act. It can be difficult to prove a disease is connected to work.

For instance the worker could have signed an agreement to release himself when he settled an asbestos claim, and then later sued for cancer that may have resulted from those exposures.

FELA Statute of Limitations

In many workers' compensation cases, the clock starts clocking on a claim when an injury is reported. However, FELA laws allow railroad employees to bring a class action lawsuit against union pacific railroad in the event of the growth of lung disease and cancer long after the fact. It is crucial to make a FELA report as early after an injury or illness as possible.

Unfortunately, railroads will attempt to dismiss a case by the argument that an employee did not act within the timeframe of three years of limitations. 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 reason to know that his or her symptoms are related to their job. If the railroad employee visits to a doctor, and the doctor concludes that the injuries have a connection to work, the claim is not time-barred.

The second factor is the length of time before the railroad employee noticed the symptoms. If the railroad employee has had breathing problems for several years and attributes the problem to his or work on the rails then the statute of limitations will likely to apply. If you have concerns regarding your FELA claim, you should schedule an appointment with one of our lawyers.

Employers' Negligence

FELA gives railroad employees a legal basis to hold negligent employers accountable. Railroad workers can sue their employers in full for injuries suffered, unlike most other workers who are bound to worker's compensation plans with fixed benefits.

Our attorneys won a verdict recently in a FELA case brought by retired Long Island Railroad machinists. They suffered from COPD chronic bronchitis and emphysema because of their asbestos exposure while working on locomotives. The jury awarded them $16,400,000 in damages.

The railroad class action lawsuit claimed the plaintiffs' cancer was not connected to their railroad work and the lawsuit was time-barred since it was three years since they learned that their health problems were due to their railroad work. Our Doran & Murphy attorneys were capable of proving that the railroad had not informed its employees about the dangers of asbestos and diesel exhaust while they worked and had no safety procedures to protect their employees from hazardous chemicals.

Although a person has three years from the date of their diagnosis to submit a FELA lawsuit however, it is best to seek out a skilled lawyer as soon as you can. The sooner our attorney begins gathering witness statements, records and other evidence more likely a successful claim can be filed.

Causation

In a personal-injury class action lawsuit against union pacific railroad plaintiffs must show that a defendant's actions 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.

Railroad workers are exposed to hundreds of chemicals, including carcinogens as well as other pollutants, through diesel exhaust by itself. These microscopic particulates penetrate deep into the lung tissue, causing inflammation and damage. As time passes, these damages build up and cause debilitating conditions such as chronic bronchitis and COPD.

One of our FELA cases involves a former conductor who was diagnosed with severe asthma and chronic obstructive pulmonary disease following many years in the cabs of trains without any protection. In addition, he developed back pains that were debilitating as a result of his long hours of pulling, pushing and lifting. His doctor told him these issues were the result of years of exposure diesel fumes. He believes this caused the onset of all of his health issues.

Our lawyers were able to secure favorable court rulings on trial and a minimal federal jury award for Railroad Lawsuit our client in this case. The plaintiff alleged that the train derailment, and subsequent release of vinyl chloride from the rail yard impacted his physical health and his emotional state, since he was concerned that he might develop cancer. However the USSC found that the railroad in question was not the sole cause of his anxiety about getting cancer because he'd previously released his ability to pursue this claim in a previous lawsuit.

Damages

If you've been injured while working on an railroad, you could be eligible to file a class action lawsuit against union pacific railroad under the Federal Employers' Liability Act. You could receive damages for your injuries via this process, including reimbursement for medical expenses and pain and suffering. This process is complex and you should speak an attorney for train accidents to know your options.

In a railroad case, the first step is to prove the defendant was bound by an obligation of good faith to the plaintiff. The plaintiff must demonstrate that the defendant violated this duty of care by failing to protect them from injury. Finally, the plaintiff must show that the breach was the primary cause of their injury.

A railroad worker who contracts cancer due to their work must prove that the employer did not adequately warn them about the dangers they face. They must also demonstrate that their cancer was directly caused by this negligence.

In one instance the railroad company was sued by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. The plaintiff's lawsuit was time-barred, because the plaintiff had signed a consent form in a previous suit against the defendant.