How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRail workers suffering from occupational illnesses such as cancer may bring a lawsuit in line with the Federal Employers' Liability Act. It isn't always easy to prove that a disease is connected to work.A worker, for instance, may have signed a waiver after the settlement of an asbestos lawsuit. 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' comp cases, the clock starts to tick on a claim immediately after an injury is reported. FELA laws, however, allow railroad workers to pursue claims for lung disease or cancer years after it has occurred. It is imperative to submit an FELA report as soon after accident or illness as soon as it is possible.Unfortunately, Pancreatic cancer lawsuit will try to dismiss a case arguing that an employee's actions were not within the three-year period of limitations. Courts often rely on two Supreme Court cases to determine when the FELA clock starts.First, they will consider whether the railroad employee is aware that his or her ailments are a result of their work. If the railroad worker is referred to a doctor and the doctor concludes that the injuries have a connection to work the claim is not time barred.Another aspect to consider is the duration of time that has passed since the railroad employee started to notice symptoms. If the railroad employee has been suffering from breathing issues for a long time, and attributes the problem to work on rails, then the statute of limitations is likely to be applicable. Contact us for a free consultation for any concerns regarding your FELA claims.Employers' NegligenceFELA gives railroad workers an legal basis to hold negligent employers accountable. Railroad employees can sue their employers full for their injuries, unlike most other workers, who are subject to worker's compensation schemes that have fixed benefits.Our attorneys recently won a verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, chronic bronchitis and Emphysema due to their exposure to asbestos when working on locomotives. Leukemia lawsuit awarded them $16,400,000 in damages.The railroad claimed that the plaintiffs' cancer was not linked to their railroad jobs and the lawsuit was not time-barred due to the fact that it was more than three years since they discovered that their health issues were a result of their railroad work. Our Doran & Murphy attorneys were capable of proving that the railroad had never given its employees any information about the dangers of asbestos and diesel exhaust while they were working and did not have security measures to shield their workers from harmful chemicals.Although a worker has up to three years from the date of their diagnosis to submit a FELA lawsuit, it is always better to seek out a skilled lawyer as soon as is possible. The earlier our lawyer begins collecting witness statements, documents, and other evidence, then the better chance there is of a successful claim.CausationIn a personal injury lawsuit plaintiffs must show that the defendant's actions are responsible for their injuries. This is known as legal causation. It is vital that an attorney examines any claim before submitting it to the court.Railroad workers are exposed chemicals, including carcinogens and other harmful substances, through diesel exhaust alone. These microscopic particles get into lung tissue, causing inflammation as well as damage. In time, these injuries could lead to debilitating ailments such as chronic bronchitis, or COPD.One of our FELA cases is an ex-conductor who suffered from debilitating asthma as well as chronic obstructive lung disease after decades of working in train cabs without any protection. In addition, he developed back problems that were painful as a result of his long hours of pulling, pushing and lifting. His doctor told him these problems were caused by the years of exposure to diesel fumes. He claims that this has aggravated all of his other health problems.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 alleged that the train derailment, and subsequent release of vinyl chloride from the rail yard affected his physical condition as well as his emotional state, as he feared about developing cancer. The USSC found that the defendant railroad was not to blame for the plaintiff's fear of cancer since the plaintiff had previously renounced his right to sue the railroad defendant in a prior lawsuit.DamagesIf you've suffered an injury while working for a railroad it is possible to file a claim under the Federal Employers' Liability Act. By filing a lawsuit, you could recover damages for your injuries, which could include the amount you paid for medical bills and the suffering and pain you've endured as a result your injury. However, Non-Hodgkin's lymphoma lawsuit is complex and you should talk to an attorney for train accidents to know your options.The first step in a railroad lawsuit is to demonstrate that the defendant owed the plaintiff a duty of care. The plaintiff has to show that the defendant breached this duty by failing to safeguard the injured person from injury. Finally, the plaintiff must show that the breach was the direct reason for their injury.For instance an employee of a railroad who was diagnosed with cancer as a result of their job on the railroad must prove that their employer failed to properly warn them of the risks associated with their job. They also must prove that their cancer was directly caused by the negligence of their employer.In one instance, we defended a railroad company against a lawsuit filed by a former employee who claimed that his cancer was caused by exposure to asbestos and diesel. The plaintiff's lawsuit was time-barred, because the plaintiff had signed a release in a prior suit against the defendant.