How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRail workers suffering from occupational illnesses like cancer may make a claim in accordance with the Federal Employers' Liability Act. However it can be difficult to prove that the illness is work-related.For instance workers may have signed an agreement to release himself when he settled an asbestos-related claim and then later sued for cancer that may have resulted from exposures.FELA Statute of LimitationsIn many workers' compensation cases, the clock begins ticking on a claim the moment an injury is reported. However, cancer lawsuits allow railroad employees to file a lawsuit against the growth of lung disease and cancer long after the fact. It is important to file an FELA report as soon after an injury or illness as you can.Unfortunately, the railroad will often attempt to get a case dismissed by arguing that the employee did not act within the three-year limitation period. To determine when the FELA "clock" begins courts usually look at two Supreme Court decisions.They first have to determine if the railroad employee had reason to believe that the symptoms were related to their job. If the railroad employee goes to a doctor, and the doctor is able to prove that the injuries are work-related, the claim is not time barred.Another thing to consider is the duration of time that has passed from the time the railroad employee first began to notice symptoms. If Non-Hodgkin's lymphoma lawsuit has been experiencing breathing issues for a long time and attributes the problems to their railway work, then it is likely that the railroad worker is within the time limits. Please contact us for a free consultation if you have any concerns about your FELA claims.Employers' NegligenceFELA gives railroad employees legal grounds to hold negligent employers responsible. Railroad workers can sue their employers in full for their injuries unlike other workers who are tied to compensation programs for workers with fixed benefits.Our attorneys secured a verdict recently in a FELA case brought by retired Long Island Railroad machinists. They suffered from 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 railroad work and the lawsuit was time-barred due to the fact that it was more than three years since they discovered that their health problems were due to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad never informed its employees about asbestos's dangers and diesel exhaust while they were at work, and that the railroad didn't have safety procedures in place to safeguard its workers from dangerous chemicals.It is advisable to hire a lawyer with experience as soon as you can, even though a worker could have up to three years to submit an FELA suit from the date they were diagnosed. The sooner your lawyer starts gathering witness statements, records and other evidence the greater chance there is of the success of a claim.CausationIn a personal injury lawsuit plaintiffs must show that the defendant's actions are responsible for their injuries. This requirement is called legal causation. This is the reason it's important that an attorney thoroughly study a claim prior to submitting it in the court.Diesel exhaust is the sole source of exposure for railroad workers to hundreds of chemicals that include carcinogens pollutants and other contaminants. These microscopic particles get into the lung tissue and cause inflammation and damage. In time, these injuries can lead to debilitating illnesses such as chronic bronchitis or COPD.One of our FELA cases is a former conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease following many years in train cabs without protection. Additionally, he developed back pain that was debilitating as a result of his work in pulling, pushing and lifting. His doctor advised him that these issues were the result of his exposure to diesel fumes, which he claimed aggravated his other health issues.Our lawyers were able to retain favorable court rulings in trial as well as a small federal juror award for our client. Pancreatic cancer lawsuit claimed that the derailment of the train and the subsequent release of vinyl chloride into the rail yard affected both his physical and mental health and he was concerned that it would cause cancer. The USSC ruled that the defendant railroad was not at fault for the plaintiff's fear of cancer because the plaintiff had previously renounced his right to sue the railroad defendant in a prior lawsuit.DamagesIf you've suffered an injury while working for a railroad it is possible to file a suit under the Federal Employers' Liability Act. You could receive compensation for your injuries by this method, which could include the payment of medical bills and pain and suffering. However, this process is complex and you should consult an attorney for train accidents to understand your options.In a railroad case the first step is to show the defendant had the duty of good faith to the plaintiff. The plaintiff must prove that the defendant violated the duty of care by failing to protect them from injury. The plaintiff then has to prove that the defendant's breach of duty was the primary cause of the injury.A railroad worker who contracts cancer as a result of their work must prove that their employer did not adequately warn them of the risks they face. They also must demonstrate that their cancer was directly caused by the negligence of their employer.In one case, a railroad company was sued by a former employee who claimed his cancer was caused due to exposure to diesel and asbestos. The plaintiff's lawsuit was time-barred, because the plaintiff had signed a consent form in a previous lawsuit against the defendant.