How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRailroad workers who suffer from occupational diseases such as cancer are entitled to make a claim under the Federal Employers' Liability Act. It isn't always easy to prove that a disease is related to work.For instance an employee may 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 LimitationsIn many workers' compensation cases, the clock starts ticking on a claim the moment an injury is reported. FELA laws, however, allow railroad employees to sue for lung disease or cancer for years after the incident has occurred. This is why it's so important to get a FELA injury or illness report as soon as possible.Sadly, railroads often attempt to dismiss a case by arguing that the employee did not comply with the three-year time limit. To determine when the FELA "clock" starts courts usually look at two Supreme Court decisions.The first thing to consider is whether the railroad employee had any reason to believe that the symptoms were related to their job. The claim is not barred when the railroad employee visits a doctor and the doctor affirms that the injuries are linked to their work.Another aspect to consider is the time that has passed from the time the railroad employee first began to notice signs. If the railroad employee has been suffering from breathing problems for several years and attributes the issue to work on rails, then the statute of limitation will likely to apply. If you have concerns regarding your FELA claim, please schedule an appointment for a free consultation with one of our lawyers. asbestos lung cancer lawsuit lays out an legal foundation for railroad employees to ensure that negligent employers are held accountable. Unlike most other workers, who are bound to worker's compensation systems that have defined benefits, railroad workers are able 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 developed COPD chronic bronchitis, chronic bronchitis and Emphysema from their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.The railroad claimed that the cancer of the plaintiffs was not related to their work on the railroad. They also claimed that the lawsuit was dismissed because it had been over three years since the plaintiffs discovered that their health issues were linked to their railroad work. Our Doran & Murphy attorneys were able show that the railroad had never informed its employees about the dangers of diesel exhaust and asbestos when they were working, and had no safety measures to protect their workers from dangerous chemicals.Although a person has up to three years from the date of diagnosis to submit a FELA lawsuit however, it is best to get a seasoned lawyer as soon as it is possible. The sooner we can have our attorney begin gathering witness statements, evidence and other evidence the more likely it is that the claim will be successful. filed. Non-Hodgkin's lymphoma lawsuit In a personal-injury action plaintiffs must show that the actions of a defendant led to their injuries. This is known as legal causation. This is the reason it's crucial that an attorney review a claim prior to filing it in court.Railroad workers are exposed to a myriad of chemicals, including carcinogens and other pollutants, through diesel exhaust alone. These microscopic particulates penetrate deep into lung tissue, causing inflammation as well as damage. Over time, these damages become more severe and lead to conditions such as chronic asthma and COPD.One of our FELA case involves an ex-train conductor who developed chronic obstructive pulmonary diseases and asthma after a long period of time in cabins with no protection. Additionally, he developed debilitating back problems due to his work in lifting, pushing and pulling. The doctor who treated him said that the problems were the result of decades of exposure to diesel fumes. He believes this caused the onset of all of his other health issues.Our lawyers were able retain favorable court rulings in trial as well as a modest 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 and also his emotional state, as he worried that he might develop cancer. However the USSC determined that the defendant railroad could not be the cause of his anxiety about developing cancer because he previously waived the right to bring this claim in a previous lawsuit.DamagesIf you've been injured while working for railways, you could be eligible to make a claim under the Federal Employers' Liability Act. You could receive damages for your injuries via this route, including reimbursement for medical expenses and pain and suffering. However the process is complicated and you should consult an attorney who has handled train accidents to learn more about your options.In a railroad dispute, the first step is to prove the defendant owed a duty of good faith to the plaintiff. The plaintiff must prove that the defendant breached this duty of care by failing to protect them from injury. The plaintiff must also show that the breach was the direct cause of their injury. Non-Hodgkin's lymphoma lawsuit who develops cancer due to their job must prove that the employer did not adequately inform them of the dangers they face. They must also prove that their negligence caused their cancer.In one instance we defended a railroad company against a suit brought by an employee who claimed that his cancer was the result of exposure to diesel and asbestos. We asserted that the plaintiff's suit was time-barred because he executed an earlier release in a separate lawsuit against the same defendant.