How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRail workers suffering from occupational illnesses like cancer can bring a lawsuit in line with the Federal Employers' Liability Act. However it can be difficult to prove that the disease is a result of work.A worker, for example could have signed a release following settling 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' compensation cases the clock starts clocking on a claim when an injury is discovered. FELA laws, however, allow railroad workers to pursue claims for lung disease or cancer long after the fact. It is essential to make an FELA report as soon after injury or illness as you can.Unfortunately, the railroad will try to dismiss a case by saying that the employee did not act within the three-year statute of limitations. To determine when the FELA "clock" starts, courts often look to two Supreme Court decisions.First, they will consider whether the railroad employee is aware that his or her symptoms are related to work. If the railroad worker goes to a doctor and the physician conclusively states that the injuries have a connection to work, the claim is not time-barred.The second aspect is the length of time before the railroad employee noticed the symptoms. If the employee is experiencing breathing difficulties for a while and attributes the issues to his or her working on rails It is likely that the employee is within the statute of limitations. Please contact us for a no-cost consultation should you have any questions regarding your FELA claims.Employers' NegligenceFELA establishes an legal foundation for railroad employees to ensure that negligent employers are held accountable. lung cancer lawsuit can sue their employers in full for their injuries in contrast to other workers who are confined to worker's compensation schemes that have fixed benefits.Our attorneys recently won the verdict in a FELA lawsuit brought by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, chronic bronchitis as well as Emphysema because of their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.The railroad claimed that the plaintiffs' cancer was not related to their work at the railroad and the lawsuit was not allowed since it had been more than three years since the plaintiffs discovered that their health issues were related to their work at the railroad. Our Doran & Murphy attorneys were successful in proving that the railroad had never made its employees aware of the dangers of asbestos and diesel exhaust while they were working and had no safety protocols to protect its workers from dangerous chemicals.Although a person has up to three years from the date of diagnosis to submit a FELA lawsuit It is always best to retain a professional lawyer as soon as you can. lung cancer lawsuit can have our attorney begin gathering witness statements, records and other evidence the more likely it is that an effective claim can be made.CausationIn a personal injury lawsuit plaintiffs must demonstrate that a defendant's actions caused their injuries. This requirement is called legal causation. It is important that an attorney examines any claim before submitting it to court.Diesel exhaust alone exposes railroad workers to hundreds of chemicals, including carcinogens pollutants, and other pollutants. These microscopic particles get into the lung tissue and cause inflammation and damage. As lung cancer lawsuit , these damage can lead to debilitating illnesses like chronic bronchitis and COPD.One of our FELA cases is a former conductor who developed debilitating asthma and chronic obstructive pulmonary disease following decades of working in the cabs of trains without any protection. In addition, he developed back pain that was debilitating as a result of the years of lifting, pushing and pulling. His doctor told him these problems were the result of years of exposure diesel fumes. He claims that this led to the aggravation of all of his other health problems.Our attorneys were able to preserve favorable trial court rulings as well as a modest federal juror award for our client. The plaintiff argued that the derailment of the train and subsequent release vinyl chloride into the rail yard impacted his physical and mental health because he was afraid he would get cancer. The USSC decided that the defendant railroad was not at fault for the plaintiff's fear of cancer since the plaintiff already waived his rights to sue the railroad defendant in a previous lawsuit.DamagesIf you've been injured while working for a railroad company it is possible to file a claim under the Federal Employers' Liability Act. You could be awarded damages for your injuries via this method, which could include reimbursement for medical expenses and pain and suffering. However the process is complicated and you should talk to an attorney who has handled train accidents to better understand your options.The first step in a railroad lawsuit is to demonstrate that the defendant owed the plaintiff a duty of care. The plaintiff must then show that the defendant violated this obligation by failing in protecting the injured person from injury. Finally, the plaintiff must prove that the violation was the direct cause of their injury.A railroad worker who contracts cancer as a result of their work must prove that their employer failed properly to warn them about the dangers they could face. They must also demonstrate that their cancer was directly caused by the negligence of their employer.In one case we defended a railroad company against a lawsuit brought by an employee who claimed that his cancer was the result of exposure to diesel and asbestos. We were of the opinion that the plaintiff's lawsuit was barred because he had signed an earlier release in a separate lawsuit against the same defendant.