How to File a Railroad Lawsuit For Chronic Obstructive Pulmonary DiseaseRailroad employees who are suffering from occupational diseases, such as cancer, are entitled to make a claim under the Federal Employers' Liability Act. It can be difficult to prove a disease is related to work.For example an employee may have signed an indemnity agreement when he initially settled an asbestos claim and then sued later for cancer that may have resulted from exposures.Statute of Limitations under the FELAIn many workers' compensation cases, the clock begins to run on the claim immediately after an injury is identified. FELA laws, however, allow railroad workers to file a lawsuit for lung disease or cancer long after the fact. It is crucial to file an FELA report as soon after an injury or illness as you can.Unfortunately, railroads will often try to dismiss a case by arguing that the employee did not act within the three year time limit. Courts usually rely on two Supreme Court cases to determine when the FELA clock will begin.The first thing they'll consider is whether the railroad employee is aware that his or her symptoms are related to their job. If  Lymphoma lawsuit  to a doctor, and the doctor affirms in a conclusive manner that the injuries have a connection to work, the claim is not time barred.The other aspect is the time between the moment that the railroad worker first noticed the symptoms. If the employee has been experiencing breathing difficulties for a number of years and attributes the issue to their railway work, then it is likely that the railroad worker is within the statute of limitations. If you have questions about your FELA claim, please schedule an appointment with one of our lawyers.Lymphoma lawsuit  gives railroad workers the legal basis to hold negligent employers responsible. Railroad employees are able to sue their employers in full for their injuries unlike many other workers who are tied to worker's compensation schemes that have fixed benefits.Our lawyers recently obtained the verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who suffered COPD, chronic bronchitis and emphysema as a result 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 work on the railroad.  Lymphoma lawsuit  claimed that the lawsuit was thrown out because it was more than three years since they discovered that their health issues were related to their railroad work. Our Doran & Murphy lawyers were able to show that the railroad never informed its employees about the dangers of asbestos and diesel exhaust while they were at work, and that the railroad didn't have safety procedures in place to shield its workers from dangerous chemicals.Though a worker has up to three years from the date of their diagnosis to start a FELA lawsuit, it is always better to hire an experienced lawyer as soon as possible. The sooner we can get our attorney started collecting witness statements, records and other evidence the greater chance there is of winning the case.CausationIn a personal injuries action the plaintiffs must prove that the defendant's actions are the cause of their injuries. This is known as legal causation. This is the reason it's crucial that an attorney analyze a claim prior filing it in the court.Railroad workers are exposed to hundreds of chemicals, including carcinogens and other contaminants, via diesel exhaust alone.  Kidney cancer lawsuit  get into the lung tissue and cause inflammation and damage. Over time, these damages are accumulated and can cause debilitating conditions like chronic lung inflammation and COPD.One of our FELA cases involves a former train conductor who developed chronic obstructive pulmonary illnesses and asthma after spending years in cabins with no protection. In addition, he developed back pain that was debilitating as a result of the years of lifting, pushing and pulling. His doctor informed him that these problems were the result of the years of exposure to diesel fumes. He claims this exacerbated the other health issues.Our attorneys successfully preserved favorable trial court rulings as well as a small 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 impacted his physical health as well as his emotional state, since he was concerned that he would get cancer. The USSC determined that the defendant railroad did not have any responsibility for the plaintiff's anxiety about cancer because the plaintiff had previously waived his right to sue the railroad defendant in a prior lawsuit.Lymphoma lawsuitIf you've been injured while working on a railroad, you may be eligible to file a lawsuit under the Federal Employers' Liability Act. You could be awarded damages for your injuries through this avenue, including compensation for medical bills and pain and suffering. This process is complicated and you should speak with a train accident attorney to know your options.The first step in a railroad lawsuit is to show that the defendant had a duty to the plaintiff of care. The plaintiff has to show that the defendant breached this duty by failing to protect the injured person from harm. The plaintiff must also demonstrate that this breach was the direct cause of their injury.A railroad worker who contracts cancer due to their work must prove that the employer did not adequately warn them of the risks they face. They must also prove that the negligence led to their cancer.In one case we defended a railroad company against a lawsuit brought by an employee who claimed that his cancer was the result of exposure to asbestos and diesel. We argued that the plaintiff's action was time-barred because he executed a prior release in another suit against the same defendant.