How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRail workers who suffer from occupational illnesses like cancer can make a claim in accordance with the Federal Employers' Liability Act. However it can be difficult to prove that the condition is related to work.For instance, a worker might have signed a release following settling an asbestos claim. Then, he sued for cancer he claimed was caused by those exposures.FELA Statute of LimitationsIn a lot of workers' compensation cases, the clock begins to tick on the claim immediately after an injury is reported. However, FELA laws allow railroad employees to file a lawsuit for the development of lung disease and cancer, even years after the fact. This is why it's so important to get an FELA injury or illness report as quickly as possible.Unfortunately, railroads will often try to dismiss a case by arguing that the employee did not perform the task within the three-year statute of limitations. Courts often rely on two Supreme Court cases to determine when the FELA clock starts.They will first consider whether the railroad employee had reason to believe that his or her symptoms were related to their job. If the railroad worker is referred to a doctor, and the physician conclusively states that the injuries are due to work, the claim is not time barred.The other factor is the length of time from the time that the railroad employee first noticed the symptoms. If the railroad employee has been suffering from breathing issues for a number of years, and attributes the problem to work on rails, then the statute of limitations is likely to be applicable. If you have concerns regarding your FELA claim, you can schedule a a free consultation with our lawyers.Employers' NegligenceFELA sets out the legal basis for railroad workers to bring employers who are negligent to account. Railroad workers can sue their employers full for their injuries in contrast to other workers, who are subject to compensation programs for workers with fixed benefits.Our attorneys recently secured an award in a FELA lawsuit brought by three retired Long Island Railroad machinists who suffered from COPD chronic bronchitis, COPD and emphysema as a result of their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.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 the plaintiffs discovered their health problems were related to their work at the railroad. Our Doran & Murphy lawyers were successful in proving that the railroad was not aware of its employees of asbestos's dangers and diesel exhaust while they were at work, and that the railroad had no safety procedures in place to safeguard its workers from harmful chemicals.It is recommended to hire an experienced lawyer when you can even though a person may have up to three years to submit a FELA suit starting from the day they were diagnosed. The sooner our attorney starts gathering witness statements, records and other evidence then the greater chance is of an effective claim.CausationIn a personal injury action plaintiffs must prove that the defendant's actions are accountable for their injuries. This is referred to as legal causation. This is why it's so important that an attorney take the time to analyze a claim prior filing it in court.Railroad workers are exposed to a variety of chemicals, including carcinogens and other pollutants, through diesel exhaust on its own. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. Over time, these damages build up and cause debilitating conditions like chronic lung inflammation and COPD.One of our FELA case involves an ex-train conductor who developed chronic obstructive respiratory asthma and other respiratory diseases after spending decades in the cabs without any protection. He also experienced back pain because of his constant pushing and lifting. His doctor told him that these problems were the result of his exposure to diesel fumes which he claims, aggravated his other health issues. railroad workers cancer lawsuit were able to preserve favorable trial court rulings and a modest federal jury verdict for our client in this case. The plaintiff claimed that the derailment of his train and subsequent release of vinyl chloride from the rail yard impacted his physical condition as well as his mental state, as he feared about developing cancer. However, the USSC found that the railroad in question could not be responsible for the worry that he had about getting cancer because he'd previously gave up the right to pursue this claim in a previous lawsuit.DamagesIf you've suffered an injury while working on railways, you could be eligible to bring a lawsuit under the Federal Employers' Liability Act. With this option, you could recover damages for your injuries, which could include the cost of medical bills as well as for the suffering and pain you've endured as a result your injury. This process is complicated, and you should consult with a train accident lawyer to learn more about your options.The first step in a railroad lawsuit is to demonstrate that the defendant had a duty to the plaintiff of care. The plaintiff must demonstrate that the defendant violated the duty of care by failing to safeguard them from harm. The plaintiff must then prove that the defendant's breach of duty was the sole reason for their injury.For example an employee of a railroad who develops cancer due to their job on the railroad must prove that their employer did not adequately warn them of the dangers that they face in their work. They must also prove that the negligence led to their cancer.In one case we defended a railroad corporation against a suit brought by an employee who claimed that his cancer was the result of exposure to asbestos and diesel. We asserted that the plaintiff's suit was barred because he had signed a prior release in another lawsuit against the same defendant.