How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRailroad workers who suffer from occupational illnesses such as cancer can make a claim under the Federal Employers' Liability Act. However it can be difficult to prove that the illness is caused by work.For instance workers may have signed an agreement to release himself when he settled an asbestos claim and then later sued for cancer that was allegedly resulting from those exposures.Statute of Limitations under the FELAIn many workers' compensation cases, the clock begins to run on the claim immediately after an injury is discovered. FELA laws permit railroad workers to sue for lung diseases or cancer long after it has occurred. This is why it's vital to obtain an FELA injury or illness report as soon as possible.Unfortunately, the railroad will attempt to dismiss a case by the argument that an employee's actions were not within the three-year statute of limitations. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.They must first determine if the railroad employee had a reason to believe that his or her symptoms were connected to their job. If the railroad worker is referred to a doctor, and the doctor concludes that the injuries are work-related the claim is not time barred. class action lawsuit against railroads to consider is the duration of time that has passed from the time the railroad employee first began to notice signs. If the railroad employee has had breathing issues for a number of years and attributes the problem to his or work on the rails then the statute of limitation is likely to be applicable. Contact us for a no-cost consultation should you have any questions about your FELA claims.Employers' NegligenceFELA provides railroad workers with legal grounds to hold negligent employers responsible. Railroad employees are able to sue their employers in full for injuries suffered, unlike most other workers, who are subject to compensation programs for workers with fixed benefits.Our attorneys won the verdict in a FELA case filed by retired Long Island Railroad machinists. They were diagnosed with COPD, chronic bronchitis, and emphysema from their exposure to asbestos when working on locomotives. The jury awarded them damages of $16,400,000.The railroad claimed the cancer of the plaintiffs was not connected to their jobs at railroads and that the lawsuit was barred because it was over three years since they realized that their health problems were related to their railroad work. Our Doran & Murphy attorneys were successful in proving that the railroad had not made its employees aware of the dangers of asbestos and diesel exhaust when they were working, and did not have safety measures to protect their workers from harmful chemicals.It is advisable to hire an experienced lawyer immediately, even though a worker may have up to three years to file an FELA suit starting from the day they were diagnosed. The earlier our lawyer starts gathering witness statements, records and other evidence more likely a successful claim will be made.CausationIn a personal injury lawsuit, plaintiffs must prove that the actions of the defendant caused their injuries. This requirement is known as legal causation. It is crucial that an attorney thoroughly examines any claim before submitting it to the court.Railroad workers are exposed to a variety of chemicals, including carcinogens and other harmful substances, through diesel exhaust by itself. These microscopic particulates penetrate deep into the lung tissue, causing inflammation as well as damage. Over time, these damages are accumulated and can cause debilitating conditions like chronic bronchitis and COPD.One of our FELA cases involves a former conductor who was diagnosed with debilitating asthma and chronic obstructive pulmonary disease after many years in train cabs without protection. In addition, he developed debilitating back problems due to the years of pulling, pushing and lifting. The doctor told him these issues were the result of years of exposure to diesel fumes which he claims, aggravated his health issues.Our attorneys were able to preserve favorable trial court rulings and also a modest federal juror award for our client. The plaintiff claimed that the derailment of his train and subsequent release of vinyl chloride from the rail yard impacted his physical condition and his emotional state, as he feared about developing cancer. However, the USSC declared that the railroad defendant was not the sole cause of the worry that he had about developing cancer because he previously released his ability to pursue this claim in a prior lawsuit.DamagesIf you were injured while working for a railroad company and you were injured, you could be eligible to file a suit under the Federal Employers' Liability Act. You could receive compensation for your injuries by this process, including the cost of medical bills as well as pain and suffering. However, this process is complex and you should consult an attorney who has handled train accidents to understand your options.In a railroad dispute, the first step is to demonstrate that the defendant was bound by an obligation of good-faith to the plaintiff. The plaintiff must prove that the defendant breached this duty of care by failing to safeguard them from injury. Finally, the plaintiff must prove that the breach was a direct cause of their injury.For instance, a railroad worker who was diagnosed with cancer as a result of their work at the railroad has to prove that their employer did not adequately warn them of the dangers that they face in their work. They must also prove that their cancer was directly caused by the negligence of their employer.In one case a railroad company was sued by a former worker who claimed his cancer was caused due to exposure to diesel and asbestos. We argued that the plaintiff's claim was barred because he had signed a release in a previous suit against the defendant.