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 challenging to prove that the disease is work-related.For instance, a worker may have signed an agreement to release himself when he settled an asbestos claim and later filed a lawsuit for cancer allegedly resulting from those exposures.Statute of Limitations under the FELAIn many workers' compensation cases the clock begins to run on a claim from the moment an injury is reported. However, FELA laws allow railroad employees to bring a lawsuit in the event of the growth of lung disease and cancer long after the fact. It is essential to submit an FELA report as early after an injury or illness as you can.Unfortunately,  lung cancer lawsuit  will often try to get a case dismissed by arguing that the employee failed to act within the three year time frame. To determine when the FELA "clock" starts courts typically look to two Supreme Court decisions.In the beginning, they will determine whether the railroad worker has reason to know that his or her ailments are related to their work. The claim is not void when the railroad worker goes to a doctor and the doctor concludes that the injuries are linked to their work.Another thing to consider is the length of time since the railroad employee started to notice symptoms. If  lung cancer lawsuit  is experiencing breathing difficulties for a while and attributes the problems to the railway work it is most likely that the railroad worker is within the statute of limitations. Contact us for a free consultation should you have any questions regarding your FELA claims.Employers' NegligenceFELA provides railroad workers with an legal basis to hold negligent employers accountable. Unlike most other workers, who are governed by compensation systems for workers with pre-determined benefits, railroad workers are allowed to sue their employers for the full amount of their injuries.lung cancer lawsuit  obtained the verdict in a FELA lawsuit filed by three retired Long Island Railroad machinists who suffered COPD chronic bronchitis, chronic bronchitis and Emphysema due to their exposure to asbestos while working on locomotives. The jury awarded them $16,400,000 in damages.The railroad claimed the plaintiffs' cancer was not linked to their railroad work and the lawsuit was time-barred because it was over three years since they realized that their health issues were related to their railroad work. Our Doran & Murphy lawyers were successful in proving that the railroad was not aware of its employees about the dangers of asbestos and diesel exhaust while at work, and that the railroad didn't have safety procedures in place to safeguard its employees from the dangers of chemicals.Although a worker has three years from the date of diagnosis to start a FELA lawsuit however, it is best to hire an experienced lawyer as soon as is possible. The sooner our attorney begins collecting witness statements, documents and other evidence and documents, the more likely the claim will be successful. made.CausationIn a personal injuries action the plaintiffs must prove that the defendant's actions were the cause of their injuries. This is known as legal causation. It is important that an attorney carefully examines any claim before submitting it to the court.Railroad workers are exposed to a myriad of chemicals, including carcinogens as well as other contaminants, via diesel exhaust alone. These microscopic particles are able to penetrate deep into the lung tissue and cause inflammation and damage. In time, these injuries can lead to debilitating conditions like chronic bronchitis or COPD.One of our FELA cases involves a former train conductor who was diagnosed with chronic obstructive pulmonary ailments and asthma after a long period of time in cabins, with no protection. Additionally, he was diagnosed with back problems that were painful as a result of the years of lifting, pushing and pulling. The doctor told him these problems were the result of years of exposure to diesel fumes, which he claims, aggravated his other health issues.Our lawyers successfully defended favorable trial court rulings and a modest federal jury verdict for our client in this case. The plaintiff alleged that the train derailment and subsequent release of vinyl chloride from the rail yard affected his physical condition and also his emotional state, as he was worried about developing cancer. The USSC decided that the railroad defendant was not at fault for the plaintiff's fears of cancer since the plaintiff had previously renounced his right sue the defendant railroad in a prior lawsuit.DamagesIf you were injured while working for a railroad, you may qualify to file a claim under the Federal Employers' Liability Act. You could receive damages for your injuries via this process, including reimbursement for medical expenses and pain and suffering. The process is a bit complicated and you should speak with a lawyer for train accidents to learn more about your options.The first step in a railroad lawsuit is to demonstrate that the defendant was liable to the plaintiff under a duty of care. The plaintiff must demonstrate that the defendant breached this duty of care by failing to protect them from injury. The plaintiff must also show that the violation was the direct cause of their injuries.For example railway workers who contracted cancer as a result of their job on the railroad must prove that their employer failed to adequately warn them about the dangers associated with their job. They must also prove that their negligence led to their cancer.In  lung cancer lawsuit  defended a railroad firm against a suit brought by a former employee who claimed that his cancer was the result of exposure to asbestos and diesel. We asserted that the plaintiff's suit was barred due to the fact that he had signed a prior release in another suit against the same defendant.