How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRailroad employees who are suffering from occupational diseases like cancer have the right to bring a lawsuit under the Federal Employers' Liability Act. However it can be difficult to prove that the condition is caused by work.A worker, for example could have signed a release after settlement of an asbestos claim. He later filed a lawsuit for a cancer that was believed to have been caused by exposure to asbestos.Statute of Limitations under the FELAIn many workers' compensation cases, the clock starts to run on a claim from the moment an injury is declared. However, FELA laws allow railroad employees to file a lawsuit against the development of lung disease or cancer, even years after the fact. It is essential to submit a FELA report as early after an accident or illness as soon as it is possible.Unfortunately, railroads will often try to get a case dismissed by arguing that the employee failed to perform the task within the three-year time limit. To determine when the FELA "clock" starts courts usually look to two Supreme Court decisions.First, they will consider whether the railroad worker is aware that the symptoms are a result of their work. The claim will not be denied in the event that the railroad employee goes to a doctor and the doctor is able to prove that the injuries are due to their job.Another thing to consider is the duration of the time since the railroad worker began to notice symptoms. If  Kidney cancer lawsuit  or she has been experiencing breathing issues for a long time and attributes the problems to their railroad work, then it is likely that the railroad employee is within the statute of limitations. Please contact us for a free consultation should you have any questions about your FELA claims.Employers' NegligenceFELA gives railroad workers an legal basis to hold negligent employers accountable. Railroad employees are able to sue their employers in full for injuries suffered unlike many other workers who are tied to worker's compensation programs with fixed benefits.Our lawyers recently won an award in a FELA lawsuit filed by three retired Long Island Railroad machinists who developed COPD chronic bronchitis, chronic bronchitis and emphysema as a result of their exposure to asbestos when working on locomotives. The jury awarded them $16,400,000 in damages.The railroad claimed that the cancer of the plaintiffs wasn't related to their jobs at the railroad and the lawsuit was thrown out because it had been over three years since the plaintiffs discovered that their health issues were linked to their railroad jobs. Our Doran & Murphy attorneys were capable of proving that the railroad had never made its employees aware of the dangers of diesel exhaust and asbestos while they were at work and did not have safety procedures to protect their employees from the dangers of hazardous chemicals.It is better to hire a lawyer with experience immediately, even though a worker may have up to three years to start a FELA suit starting from the day they were diagnosed. The sooner our attorney begins gathering witness statements, records and other evidence and documents, the more likely a successful claim can be made.Kidney cancer lawsuitIn a personal injury action, plaintiffs have to prove that the defendant's actions are the cause of 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 court.lung cancer lawsuit  are exposed to a variety of chemicals, including carcinogens as well as other contaminants, via diesel exhaust alone. These microscopic particles penetrate deeply into the lung tissue and cause inflammation and damage. As time passes, these damage could lead to debilitating ailments like chronic bronchitis and COPD.One of our FELA case involves an ex-train conductor who developed chronic obstructive respiratory asthma and other respiratory diseases after spending years in cabs without any protection. He also had back issues because of his constant pushing and lifting. The doctor told him his back problems were a result of his exposure to diesel fumes, which he believes aggravated his other health issues.Our attorneys successfully preserved favorable court rulings in trial and a comparatively low federal jury verdict for our client in this case. The plaintiff claimed that the train derailment, and subsequent release of vinyl chloride from the rail yard affected his physical health as well as his emotional state, since he was concerned that he would develop cancer. The USSC decided that the defendant railroad was not at fault for the plaintiff's fears of cancer since the plaintiff previously renounced his right to sue the railroad defendant in a prior lawsuit.DamagesIf you have been injured when working on an railroad, you could be able to file a lawsuit under the Federal Employers' Liability Act. You could be awarded damages for your injuries using this avenue, including the cost of medical bills as well as pain and suffering. The process is a bit complicated, and you should consult with a train accident attorney to know your options.In a railroad case the first step is to demonstrate that the defendant was bound by the duty of good faith to the plaintiff. The plaintiff must demonstrate that the defendant breached this duty of care by failing to safeguard them from harm. Finally, the plaintiff must prove that the breach was the primary cause of their injuries.For  lung cancer lawsuit  who developed cancer due to their work at the railroad has to prove that their employer failed to properly warn them of the dangers associated with their job. They also must prove that their cancer was directly caused by the negligence of their employer.In one instance, we defended a railroad firm against a suit brought by an employee who claimed that his cancer was the result of exposure to asbestos and diesel. We argued that plaintiff's lawsuit was barred by time because he had signed a release in a prior lawsuit against the defendant.