How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRailroad employees who suffer from occupational illnesses such as cancer can pursue a lawsuit under Federal Employers' Liability Act. However, it can be challenging to prove that the condition is a result of work.A worker, for example might have signed a release following settlement of an asbestos claim. He later filed a lawsuit for cancer that was allegedly caused by those exposures.FELA Statute of LimitationsIn many workers' comp cases, the clock begins to run on the claim as soon as an injury is identified. However, FELA laws allow railroad employees to file lawsuits for the formation of lung disease and cancer years after the fact. This is why it is so important to get an FELA injury or illness report as quickly as you can.Unfortunately, railroads will try to dismiss a case arguing that an employee did not act within the three-year period of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock will begin.First, they must consider whether the railroad worker is aware that his or her symptoms are related to their work. The claim is not barred when the railroad worker goes to a doctor and the doctor concludes that the injuries are due to their job.Another thing to consider is the duration of time since the railroad employee began to notice signs. If Leukemia lawsuit has suffered from breathing issues for a number of years, and attributes the problem to work on rails, then the statute of limitations will likely to apply. If you have concerns about your FELA claim, you should schedule an appointment for a no-cost consultation with our lawyers.Employers' NegligenceFELA sets out a legal foundation for railroad employees to bring employers who are negligent to account. In contrast to other workers, who are bound by compensation systems for workers with defined benefits, railroad workers can sue employers for the full amount of their injuries. Leukemia lawsuit obtained an award recently in a FELA case brought by retired Long Island Railroad machinists. They suffered from COPD, chronic bronchitis, and emphysema as a result of their asbestos exposure while working on locomotives. The jury awarded them $16,400,000 in damages.The railroad claimed that the plaintiffs' cancer was not linked to their jobs on the railroad and that the lawsuit was not allowed due to the fact that it had been three years since the plaintiffs discovered that their health issues were linked to their railroad jobs. Our Doran & Murphy attorneys were successful in proving that the railroad had never provided its employees with information about the dangers of diesel exhaust and asbestos while they were working and did not have any safety measures to protect their workers from dangerous chemicals.While a worker can have three years from the date of diagnosis to make a FELA lawsuit however, it is best to get a seasoned lawyer as soon as possible. The sooner your lawyer starts gathering witness statements, records, and other evidence, then the better chance there is of an effective claim.CausationIn a personal-injury action plaintiffs must show that a defendant's actions caused their injuries. This is known as legal causation. This is why it's crucial that an attorney study a claim prior to submitting it in court.Railroad workers are exposed chemicals, including carcinogens as well as other harmful substances, through diesel exhaust by itself. These microscopic particles get into the lung tissue and cause inflammation and damage. Over time, these damages can cause debilitating conditions such as chronic bronchitis or COPD.One of our FELA cases involves a former conductor who suffered from debilitating asthma as well as chronic obstructive lung disease after many years in the cabs of trains without protection. He also had back issues because of his constant lifting and pushing. His doctor told him these problems were the result of long-term exposure to diesel fumes. He believes this caused the onset of all of his other health issues.Our lawyers were able to secure favorable trial court rulings and a comparatively low federal jury verdict for our client in this case. The plaintiff claimed that the train derailment and subsequent release of vinyl chloride from the rail yard impacted his physical health and also his emotional state, since he was concerned that he might develop cancer. The USSC determined that the railroad defendant was not responsible for the plaintiff's anxiety about cancer since the plaintiff previously renounced his right to sue the railroad defendant in a prior lawsuit.DamagesIf you've suffered an injury when working on railways, you could be eligible to make a claim under the Federal Employers' Liability Act. You could receive damages for your injuries through this route, including the payment of medical bills and pain and suffering. This is a complicated process and you should speak with a train accident lawyer to learn more about your options.The first step in a railroad lawsuit is to show that the defendant had a responsibility to the plaintiff of care. The plaintiff must then prove that the defendant breached this obligation by failing to protect the person injured from injury. The plaintiff then has to prove that the defendant's breach of duty was the primary cause of the injury.For instance, a railroad worker who develops cancer as a result of their job on the railroad must prove that their employer failed to adequately warn them about the risks associated with their job. cancer lawsuit 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 caused by exposure to asbestos and diesel. We were of the opinion that the plaintiff's lawsuit was barred due to the fact that he had signed a prior release in another suit against the same defendant.