How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRail workers suffering from occupational illnesses such as cancer can make a claim in accordance with the Federal Employers' Liability Act. However, it can be challenging to prove that the disease is related to work.A worker, for example might have signed a release after having settled an asbestos claim. He then sued later for cancer that was allegedly resulted from exposure to asbestos.Statute of Limitations under the FELAIn many workers' comp cases, the clock begins to run on a claim when an injury is discovered. However, FELA laws allow railroad employees to file lawsuits for the growth of lung disease and cancer after a long time. It is imperative to submit an FELA report as shortly after an injury or illness as you can.Unfortunately, the railroad will attempt to dismiss a case the argument that an employee's actions were not within the three-year time frame of limitations. Courts often rely on two Supreme Court cases to determine when the FELA clock begins.They must first determine if the railroad employee had reason to believe that his or her symptoms were related to their job. The claim is not barred when the railroad worker goes to a doctor and the doctor affirms that the injuries are related to their work.The second aspect is the time between the moment that the railroad worker first began to notice symptoms. If the railroad employee has suffered from breathing problems for several years and attributes the issue to his or her work on the rails then the statute of limitations is likely to apply. If you have concerns about your FELA claim, you can schedule a a free consultation with our lawyers.Employers' NegligenceFELA lays out an legal foundation for railroad workers to bring employers who are negligent to account. Contrary to most other workers who are bound by compensation systems for workers with defined benefits, railroad workers are able to sue their employers for the full value of their injuries.Our lawyers won an award in a recent FELA case brought by retired Long Island Railroad machinists. They developed COPD chronic bronchitis and emphysema because of their asbestos exposure while working on locomotives. The jury awarded them damages of $16,400,000.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 barred due to the fact that it had been three years since they discovered their health issues were related to their railroad work. Our Doran & Murphy attorneys were successful in proving that the railroad did not given its employees any information about the dangers of asbestos and diesel exhaust when they were working, and did not have any safety procedures to protect their employees from hazardous chemicals.It is better to hire a lawyer with experience immediately, even though a worker could have up to three years to make a FELA suit starting from the day they were diagnosed. The earlier our lawyer begins collecting witness statements, evidence, and other evidence, the better chance is of a successful claim.CausationIn a personal injuries action plaintiffs must show that the defendant's actions are at fault for their injuries. This is referred to as legal causation. This is why it's so vital that an attorney examine a claim before filing it in court.Diesel exhaust alone exposes railroad workers to hundreds of chemicals, including carcinogens, pollutants and other contaminants. These microscopic particles penetrate deep into lung tissue, causing inflammation as well as damage. In time, these injuries could lead to debilitating ailments like chronic bronchitis or COPD.One of our FELA cases involves a former train conductor who developed chronic obstructive lung illnesses and asthma after spending years in cabs without any protection. Also, he developed back issues due to his years of lifting and pushing. His doctor advised him that these problems were the result of years of exposure to diesel fumes which he claimed aggravated his health issues. Scleroderma lawsuit were able to preserve favorable trial court rulings as well as a minimal federal juror award for our client. The plaintiff alleged that the train derailment, and subsequent release of vinyl chloride from the rail yard affected his physical health as well as his mental state, as he feared that he would get cancer. However, the USSC determined that the railroad defendant was not the sole cause of the fear of getting cancer because he'd previously waived the right to bring such a claim in a previous lawsuit.DamagesIf you've been injured while working for an railroad, you could be eligible to bring a lawsuit under the Federal Employers' Liability Act. Through this avenue, you could be able to claim damages for your injuries, which could include the amount you paid for medical bills and the pain and suffering you have suffered as a result of your injury. However, this process is complex and you should consult a train accident lawyer to know your options.In a railroad case the first step is to prove the defendant had an obligation of good-faith to the plaintiff. Interstitial lung disease lawsuit must then show that the defendant violated this obligation by failing to protect the person injured from harm. Finally, the plaintiff has to prove that the breach was a direct cause of their injury.For instance, a railroad worker who contracted cancer due to their work on the railroad must prove that their employer did not adequately warn them of the dangers associated with their job. Scleroderma lawsuit must also 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 diesel and asbestos. We claimed that the plaintiff's claim was time-barred because he executed an earlier release in a separate lawsuit against the same defendant.