How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRail workers suffering from occupational illnesses such as cancer can sue in accordance with the Federal Employers' Liability Act. It isn't always easy to prove that a condition is related to work.A worker, for example, may have signed a release after settling an asbestos claim. Then, he could sue later for a cancer that was believed to have been resulted from exposure to asbestos.FELA Statute of LimitationsIn many workers' compensation cases the clock starts in a claim at when an injury is discovered. However, FELA laws allow railroad employees to bring a lawsuit in the event of the development of lung disease or cancer, even years after the fact. This is why it is crucial to file an FELA injury or illness report as soon as possible.Unfortunately, railroads will often try to get a case dismissed by arguing that the employee failed to comply with the three-year statute of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock will begin.They must first determine if the railroad employee had any reason to believe that the symptoms were related to their job. If the railroad employee visits to a doctor and the doctor is able to prove that the injuries are related to work then the claim isn't time-barred.The other aspect is the length of time from the time that the railroad employee first began to notice symptoms. If he or she has been suffering from breathing problems for a while and attributes the problems to his or her railway work It is likely that the railroad employee is within the time limit. If you have questions about your FELA claim, please schedule an appointment for a free consultation with one of our lawyers.Employers' NegligenceFELA provides an legal foundation for railroad workers to bring employers who are negligent to account. Contrary to most other workers who are governed by the system of worker's compensation that has set benefits, railroad employees can sue employers for the full value of their injuries.Our attorneys obtained an award recently in a FELA case brought by retired Long Island Railroad machinists. They suffered from COPD chronic bronchitis and emphysema from their asbestos exposure when working on locomotives. The jury awarded them damages of $16,400,000.The railroad claimed that the plaintiffs' cancer was not related to their work on the railroad. They also claimed that the lawsuit was thrown out because it had been over three years since they discovered their health issues were related to their railroad work. Our Doran & Murphy attorneys were able show that the railroad had never provided its employees with information about the dangers of asbestos and diesel exhaust while they were at work and had no safety measures to protect their workers from harmful chemicals.Though a worker has three years from the date of diagnosis to file a FELA lawsuit, it is always better to retain a professional lawyer as soon as you can. The earlier our lawyer begins collecting witness statements, records, and other evidence, the better chance is of an effective claim. railroad cancer lawsuit In a personal injury action plaintiffs must show that the actions of a defendant caused their injuries. This requirement is called legal causation. This is the reason it's crucial that an attorney examine a claim before filing it in court.Diesel exhaust is the sole source of exposure for railroad workers to a myriad of chemicals, including carcinogens, pollutants and other contaminants. These microscopic particulates penetrate deep into the lung tissue, causing inflammation as well as damage. As time passes, these damage can lead to debilitating illnesses like chronic bronchitis or COPD.One of our FELA case involves a former train conductor who developed chronic obstructive respiratory illnesses and asthma after spending decades in the cabins, with no protection. He also had back issues because of his constant pushing and lifting. His doctor told him these problems were a result of decades of exposure to diesel fumes. He claims that this led to the aggravation of the other health problems.Our attorneys were able to preserve favorable trial court rulings as well as a small 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 health and his emotional state, as he feared that he might develop cancer. However the USSC found that the defendant railroad was not the sole cause of his fear of developing cancer because he had previously let go of the possibility of pursuing this kind of claim in a prior lawsuit.DamagesIf you've been injured while working on the railroad, you could be able to bring a lawsuit under the Federal Employers' Liability Act. By filing a lawsuit, you could be able to claim damages for your injuries, which could include the amount you paid for medical bills as well as the suffering and pain you've suffered as a result your injury. However this process can be complicated and you should seek the advice of an attorney for train accidents to better understand your options.The first step in a railroad lawsuit is to show that the defendant owed the plaintiff a duty of care. The plaintiff must then prove that the defendant breached this duty by failing to protect the person injured from harm. The plaintiff should then demonstrate that the breach of duty by the defendant was the sole reason for the injury.A railroad worker who contracts cancer due to their job must prove that their employer failed properly to warn them of the dangers they are exposed to. They must also demonstrate that their cancer was directly caused by this negligence.In one case the railroad company was accused of wrongful conduct by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. We claimed that the plaintiff's claim was barred by time because he signed an earlier release in a separate lawsuit against the same defendant.