How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRail workers suffering from occupational diseases such as cancer may bring a lawsuit in line with the Federal Employers' Liability Act. However it can be difficult to prove that the condition is a result of work.For union pacific railroad lawsuit , a worker, may have signed a release after having settled an asbestos claim. Then, he could sue later for a alleged cancer caused by the exposures.FELA Statute of LimitationsIn many workers' compensation cases, the clock begins to run on the claim when an injury is discovered. FELA laws, however, allow railroad employees to file a lawsuit for lung disease or cancer for years after the fact. It is imperative to submit an FELA report as early after an injury or illness as you can.Unfortunately, the railroad will attempt to dismiss a case the argument that an employee did not act within the three-year statute of limitations. Courts typically use two Supreme Court cases to determine when the FELA clock starts.They first have to determine if the railroad employee had any reason to believe that his or her symptoms were connected to their job. The claim can be ruled out if the railroad worker goes to the doctor and the doctor is able to prove that the injuries were due to their job.Another factor to take into consideration is the duration of the time since the railroad employee started to notice signs. If the railroad employee has been having breathing issues for a number of years and attributes the problem to work on the rails then the statute of limitations is likely to apply. Please contact us for a free consultation in case you have questions regarding your FELA claims.Employers' NegligenceFELA lays out a legal foundation for railroad workers to bring employers who are negligent to account. Railroad workers can sue their employers in full for injuries suffered, unlike most other workers, who are subject to worker's compensation schemes that have fixed benefits.Our lawyers recently won an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who were diagnosed with COPD, chronic bronchitis and Emphysema because of their exposure to asbestos when 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 at the railroad and the lawsuit was deemed to be time-barred because it had been more than three years since they discovered that their health problems were a result of their railroad work. Our Doran & Murphy lawyers were able to show that the railroad never informed its employees of asbestos' dangers and diesel exhaust while at work and the railroad didn't have safety procedures in place to shield its workers from dangerous chemicals.It is better to hire a lawyer with experience as soon as you can even though an employee could have up to three years to make a FELA lawsuit from the date they were diagnosed. The earlier our lawyer starts collecting witness statements, records and other evidence the more likely it is that an effective claim can be made.CausationIn a personal injuries action plaintiffs must show that the defendant's actions were at fault for their injuries. This is referred to as legal causation. This is the reason it's important that an attorney take the time to review a claim prior to filing it in the court.Railroad workers are exposed to a myriad of chemicals, including carcinogens and other harmful substances, through diesel exhaust alone. The microscopic particles penetrate deeply into lung tissues, causing inflammation and damage. Over time, these damage become more severe and lead to conditions such as chronic lung inflammation and COPD.One of our FELA cases involves a former train conductor who was diagnosed with chronic obstructive pulmonary diseases and asthma after a long period of time in cabins with no protection. Additionally, he developed debilitating back problems due to the years of pulling, pushing and lifting. The doctor told him these problems were the result of his exposure to diesel fumes, which he believes aggravated his health issues.Our lawyers were able to secure favorable court rulings on trial and a minimal 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 health as well as his mental state, as he was worried that he would get cancer. The USSC decided that the defendant railroad was not at fault for the plaintiff's fears of cancer since the plaintiff had previously renounced his right sue the railroad defendant in a previous lawsuit.DamagesIf you have suffered an injury while working for a railroad, you may be eligible to pursue a lawsuit under the Federal Employers' Liability Act. You could receive damages for your injuries using this process, including reimbursement for medical expenses and pain and suffering. This process is complex and you should speak with a lawyer for train accidents to learn more about your options.In a case involving railroads, the first step is to show the defendant had an obligation of good-faith to the plaintiff. The plaintiff must then prove that the defendant violated this obligation by failing in protecting the person injured from harm. Finally, the plaintiff must show that the breach was a direct cause of their injury.For example a railroad worker who develops cancer due to 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 the negligence caused their cancer.In one instance one railroad company was brought before a former employee who claimed his cancer was caused through exposure to diesel and asbestos. We argued that the plaintiff's suit was barred because he had signed a release in a prior suit against the defendant.