How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRail workers who suffer from occupational diseases like cancer may make a claim in accordance with the Federal Employers' Liability Act. It isn't always easy to prove that a health issue is connected to work.For instance workers may have signed an agreement when he first settled an asbestos claim and then later sued for cancer that allegedly resulted from those exposures.FELA Statute of LimitationsIn many workers' compensation cases, the clock begins to tick on an injury when an injury is identified. 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 a FELA report as early after an injury or illness as is possible.Sadly, the railroad will attempt to dismiss a case by arguing that an employee did not act within the three-year time frame of limitations. To determine when the FELA "clock" begins courts usually look to two Supreme Court decisions.The first thing they'll consider is whether the railroad employee is aware that his or her symptoms are related to their work. The claim will not be denied when the railroad worker consults a doctor, and the doctor states conclusively that the injuries are linked to their job.The second aspect is the amount of time between the moment that the railroad worker first noticed the symptoms. If he or she is experiencing breathing difficulties for a number of years and attributes the issues to the railroad work it is most likely that the railroad employee is within the statute of limitations. Please contact us for a no-cost consultation if you have any concerns about your FELA claims.Employers' NegligenceFELA gives railroad workers the legal basis to hold negligent employers responsible. Railroad employees are able to sue their employers in full for their injuries unlike many other workers who are bound to compensation programs for workers with fixed benefits.Our lawyers won a verdict recently in a FELA case filed by retired Long Island Railroad machinists. They developed COPD chronic bronchitis and emphysema from their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.The railroad claimed that the cancer of the plaintiffs was not linked to their jobs at railroads and the lawsuit was time-barred because it had been more than three years since they learned that their health issues were due to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad never informed its employees of asbestos's dangers and diesel exhaust while at work, and that the railroad didn't have safety procedures in place to protect its employees from hazardous chemicals.While a worker can have three years from the date of diagnosis to start a FELA lawsuit it is always better to seek out a skilled lawyer as soon as it is possible. The sooner our attorney starts gathering witness statements, records, and other evidence, then the better chance there is of an effective claim. Colon cancer lawsuit In a personal injury action plaintiffs must show that the defendant's actions are accountable for their injuries. This requirement is called legal causation. It is crucial that an attorney has a thorough examination of claims prior to filing in court.Railroad workers are exposed to a myriad of chemicals, including carcinogens as well as other pollutants, from diesel exhaust by itself. acute myeloid leukemia lawsuit penetrate deep into the lung tissue, causing inflammation as well as damage. Over time, these damages can cause debilitating conditions like chronic bronchitis or COPD.One of our FELA cases is an ex-conductor who suffered from debilitating asthma as well as chronic obstructive pulmonary disease following decades spent in the cabs of trains without protection. Also, he developed back issues due to his years of pushing and lifting. His doctor informed him that these issues were the result of his exposure to diesel fumes, which he claimed aggravated his other health issues.Our lawyers were able retain favorable court rulings in trial and also 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 impacted his physical condition and also his emotional state, as he worried about developing cancer. The USSC ruled that the railroad defendant was not responsible for the plaintiff's fears of cancer because the plaintiff had previously renounced his right sue the defendant railroad in a previous lawsuit. asbestos lung cancer lawsuit If you were injured while working for a railroad, you may qualify to file a claim under the Federal Employers' Liability Act. With this option, you may be able to recover damages for your injuries, including the amount you paid for medical bills as well as the suffering and pain you've endured as a result your injury. However, this process is complex and you should consult an attorney for train accidents to understand your options.The first step in a railroad lawsuit is to demonstrate that the defendant owed the plaintiff a duty of care. The plaintiff must prove that the defendant violated this duty of care by failing to safeguard them from injury. The plaintiff then has to prove that the breach of duty by the defendant was the sole reason for their injuries.For instance a railroad worker who was diagnosed with cancer as a result of their work on the railroad must prove that their employer failed to adequately warn them about the dangers that they face in their work. They must also prove that their cancer was directly caused by this negligence.In one instance one railroad company was sued by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. We argued that the plaintiff's action was time-barred because he executed an earlier release in a separate suit against the same defendant.