How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRailroad employees who suffer from occupational diseases like cancer have the right to make a claim under the Federal Employers' Liability Act. It can be difficult to prove that a health issue is connected to work.For instance, a worker might have signed a waiver after settling an asbestos claim. Then, he could sue later for a cancer that was believed to have been caused by exposure to asbestos.FELA Statute of LimitationsIn many workers' compensation cases the clock begins to run on a claim from when an injury is reported. However, FELA laws allow railroad employees to bring a lawsuit in the event of the development of lung disease or cancer after a long time. This is why it is vital to obtain a FELA injury or illness report as quickly as possible.Unfortunately, railroads will often try to get a case dismissed by arguing that the employee failed to act within the three-year statute of limitations. Courts usually rely on two Supreme Court cases to determine when the FELA clock starts.First, they must consider whether the railroad worker has reason to know that the symptoms are related to their job. If the railroad worker is referred to a doctor, and the doctor affirms in a conclusive manner that the injuries are due to work the claim isn't 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 having breathing issues for a number of years and attributes the problem to his or work on the rails then the statute of limitations will likely to apply. If you have concerns about your FELA claim, please schedule an appointment for a no-cost consultation with our lawyers.Employers' NegligenceFELA provides railroad workers with the legal basis to hold negligent employers responsible. Unlike most other workers, who are bound by the system of worker's compensation that has fixed benefits, railroad employees are able to sue their employers for the full amount of their injuries.Our attorneys recently won a verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who suffered from COPD, chronic bronchitis and Emphysema from their exposure to asbestos while working on locomotives. The jury awarded them damages of $16,400,000.The railroad claimed the plaintiffs' cancer was not connected to their work at the railroad and the lawsuit was time-barred since it was three years since they found out that their health problems were a result of their railroad work. lung cancer lawsuit & Murphy attorneys were successful in proving that the railroad had never informed its employees about the dangers of asbestos and diesel exhaust while they worked and had no safety procedures to protect their workers from harmful chemicals.It is better to hire a lawyer with experience immediately even though a person may have up to three years to make a FELA suit from the date they were diagnosed. The sooner our attorney starts collecting witness statements, documents and other evidence the greater chance there is of an effective claim.CausationIn a personal injury action, plaintiffs must prove that a defendant's actions caused their injuries. This requirement is called legal causation. This is why it's important that an attorney thoroughly 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 by itself. These microscopic particles get into the lung tissues, causing inflammation and damage. Over time, these damages accumulate and result in debilitating conditions such as chronic bronchitis and COPD.One of our FELA case involves an ex-train conductor who developed chronic obstructive respiratory ailments and asthma after spending a long time in cabins, with no protection. Also, he developed back issues due to his long hours of lifting and pushing. His doctor advised him that these problems were caused by years of exposure diesel fumes. He believes this caused the onset of all of his other health issues.Our attorneys successfully preserved favorable court rulings in trial and a minimal federal jury verdict for our client in this case. The plaintiff claimed that the derailment of the train and the subsequent release vinyl chloride into the rail yard impacted his physical and psychological condition, as he feared he would get cancer. However the USSC determined that the railroad in question could not be responsible for the worry that he had about developing cancer since he had previously waived the right to bring this kind of claim in a previous lawsuit.DamagesIf you've suffered an injury while working for a railroad company it is possible to file a claim under the Federal Employers' Liability Act. You could receive damages for your injuries using this route, including compensation for medical bills and pain and suffering. This process is complex, and you should consult with a lawyer for train accidents to know your options.The first step in a [1] railroad lawsuit is to prove that the defendant was liable to the plaintiff under a duty of care. The plaintiff must prove that the defendant breached the duty of care by failing to safeguard them from harm. In addition, the plaintiff must show that the breach was the direct cause of their injuries.A railroad worker who contracts cancer as a result of their work must prove that the employer did not adequately inform them of the dangers they could face. They must also prove that the negligence caused their cancer.In one case we defended a railroad corporation against a suit brought by an employee who claimed that his cancer was caused by exposure to diesel and asbestos. We argued that plaintiff's lawsuit was barred by time because the plaintiff had signed a consent form in a previous suit against the defendant.