How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRailroad employees who suffer from occupational diseases like cancer are entitled to make a claim under the Federal Employers' Liability Act. However it can be difficult to prove that the illness is a result of work.For example an employee may have signed a release when he first settled an asbestos claim and then sued later for cancer allegedly resulting from exposures.Statute of Limitations under the FELAIn many workers' compensation cases, the clock starts to run on a claim when an injury is reported. FELA laws, however, allow railroad employees to file a lawsuit for lung disease or cancer years after the incident has occurred. This is why it's crucial to file a FELA injury or illness report as soon as possible.Sadly, the railroad will attempt to dismiss a case by arguing that an employee was not acting within the three-year time frame of limitations. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.The first thing to consider is whether the railroad employee had reason to believe that their symptoms were related to their job. If the railroad worker goes to a doctor and the doctor is able to prove that the injuries are related to work then the claim isn't time barred.The second aspect is the length of time from the time that the railroad employee first noticed symptoms. If he or she has been experiencing breathing issues for a while and attributes the issues to the railroad work, then it is likely that the railroad employee is within the statute of limitations. Please contact us for a no-cost consultation in case you have questions about your FELA claims.Employers' NegligenceFELA lays out a legal framework for railroad workers to bring employers who are negligent to account. As opposed to other workers who are bound by compensation systems for workers with set benefits, railroad employees can sue employers for the full value of their injuries.Our lawyers won an award in a recent FELA case filed by retired Long Island Railroad machinists. They 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 that the plaintiffs' cancer was not related to their railroad work and the lawsuit was time-barred because it was over three years since they found out 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 about asbestos's dangers and diesel exhaust while they were working and that the railroad didn't have safety procedures in place to protect its employees from hazardous chemicals.It is recommended to hire a lawyer with experience when you can even though a person may have up to three years to submit an FELA suit from the date they were diagnosed. The earlier our lawyer begins gathering witness statements, records and other evidence, the more likely a successful claim can be made.CausationIn a personal injury case, plaintiffs must prove that the actions of a defendant led to their injuries. This requirement is called legal causation. This is why it's so crucial that an attorney study a claim prior to submitting it in the court.Railroad workers are exposed chemicals, including carcinogens as well as other pollutants, through diesel exhaust alone. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. As time passes, these damages are accumulated and can cause debilitating conditions such as chronic bronchitis and COPD.One of our FELA cases involves a former conductor who developed debilitating asthma and chronic obstructive pulmonary disease following decades of working in the cabs of trains without any protection. He also experienced back pain due to his long hours of lifting and pushing. His doctor informed him that his back problems were a result of his exposure to diesel fumes, which he claimed aggravated the other health issues he was suffering from.Our attorneys successfully preserved favorable court rulings in trial and a modest federal jury verdict for our client in this case. The plaintiff claimed that the derailment of the train and the subsequent release of vinyl chloride into the rail yard affected both his physical and psychological condition and he was concerned that the possibility of developing cancer. The USSC decided that the defendant railroad was not to blame for the plaintiff's anxiety about cancer since the plaintiff had previously renounced his right to sue the railroad defendant in a previous lawsuit.DamagesIf you've suffered an injury while working for a railroad, you may qualify to file a suit under the Federal Employers' Liability Act. This means that you can seek damages for your injuries, including the amount you paid for medical bills as well as for the pain and suffering you have suffered as a result of your injury. However class action lawsuit against union pacific railroad can be complicated and you should talk to a train accident lawyer to understand your options.The first step in a railroad lawsuit is to demonstrate that the defendant had a responsibility to the plaintiff of care. The plaintiff must prove that the defendant breached this duty of care by failing to safeguard them from injury. Finally, the plaintiff must show that the breach was the primary cause of their injury.For instance a railroad worker who contracted cancer as a result of their work at the railroad has to prove that their employer did not adequately warn them of the dangers associated with their job. They also must demonstrate that their cancer was directly caused by the negligence of their employer.In one case, we defended a railroad against a lawsuit filed 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 time-barred because he executed an earlier release in another lawsuit against the same defendant.