Railroad Lawsuits For Asthma and Silicosis
Railroad workers often face dangerous exposures on the job. These exposures can cause serious illnesses such as cancer and the silicosis. It can take years before these diseases develop.
Thousands of coal miners have suffered by the black lung disease or pneumoconiosis. Some of these miners are now fighting to obtain benefits.
Asthma
Diesel fumes are an everyday exposure for railroad workers, and they can lead to serious health issues. Poor ventilation, the accumulation of soot inside train cabs, and working alongside locomotives can increase the chance of an employee suffering from respiratory or asthma-related conditions. Even a mild case of asthma could limit a railroad employee's ability to complete certain tasks. A severe case of asthma can render a once-dependable railroad worker ineffective at all. With the help of an New York railroad asthma lawyer both former and current railroad workers who suffer from these kinds of ailments may be eligible for financial recovery through a successful FELA claim.
FELA claims allow plaintiffs to seek compensation from the government for any negative effect the asthma they suffer has on their lives, such as the cost of medications loss of wages, other economic loss. However the success of a FELA claim requires that a worker prove their injuries were caused by an occupational exposure.
Residents living in the vicinity of the railyard of CSX located in Lawrence County, Pennsylvania filed a FELA lawsuit claiming that a large amount of coal dust is emitted out of the facility and covers homes and cars. According to the lawsuit, the dust can cause irritation to residents' eyes and lungs. The lawsuit also states that CSX releases and burns cancer-causing vinyl chloride which can contaminate the water supply in the local area.
Cancer
Cancer can be caused by different ways, such as genetics or lifestyle choices. But it can also be the result of exposure to certain toxic chemicals. As an example, exposure to vinyl chloride (a chemical classified as a carcinogen by the Environmental Protection Agency) can increase the risk of developing liver or other organ damage. In other words, those who work in factories that produce vinyl products, or other chemicals may be exposed to harmful substances that are released into the air during production or transportation.
Another cancer-causing substance is asbestos which is present in the insulation that is used on rail cars, as well as in a variety of other products. Asbestos can cause mesothelioma - a lung cancer that usually is fatal. If you develop mesothelioma a result of asbestos exposure, contact an experienced railroad lawyer.
A court has determined that retired railroad workers who is disabled because of lung conditions known as black lung may be eligible for disability benefits. The 4th U.S. Circuit Court of Appeals upheld the conclusions of an administrative law judge and the Benefits Review Board that Olen Roberson deserved benefits that are generally paid to coal miners who suffer from the same condition. Roberson's work required him to connect and uncouple high-pressure air hoses between coal cars, a process that caused coal dust to be blown into the air.
Injuries
The railroad industry is a hazardous job that could result in shocking injuries or health damage from cumulative wear-and-tear. Railroad employees, unlike other workers, are covered by FELA The Federal Employers Liability Act, that was passed in 1908. This enables employees to sue for compensation in the event that they have an accident on the job.
Railroads must employ reasonable care when they operate of their property and must protect it from dangerous conditions that could lead to injuries to pedestrians or drivers on roads crossed by railroad lines. Railroads also need to inform drivers and pedestrians of the presence of railroad tracks and cars. They must also ensure an extremely high level of security for anyone who enters and crosses their railroad property.
Train yards and coal mines produce toxic dust and fumes which can irritate or cause permanent damage to workers' lungs, eyes and ears, nose, and throat. These dangerous conditions can be caused by machinery that is not properly maintained, or by the combustion of coal, silica in the hoppers of locomotives and asbestos in older trains.
Cancer can also be caused through exposure to carcinogens such as benzene and chemical solvents. railroad cancer lawsuit have been diagnosed with occupational cancers that are difficult to treat and diagnose. If a railroad employee develops an illness or disease that is related to work or injury, they should consult an experienced railroad injury lawyer to know more about their legal options.
Claims for FELA
Railroad workers perform extremely specific and specialized tasks that can result in catastrophic injuries. Injury caused by negligence can keep a worker from returning to work, and can result in huge medical bills. In these cases, injured railroad workers are entitled to compensation through the Federal Employees Liability Act (FELA).
The time limit for FELA is three years from the date of injury or death. It takes time to examine and determine the severity of an injury. If a person does not take legal action within the three-year period, the case will likely be dismissed by the court.
In the case of a FELA suit, the proof of negligence by the railroad is less difficult than in the traditional personal injury lawsuit. This is due to the fact that a plaintiff must only show that negligence on the part of the railroad contributed to the injuries. However, railroad companies often claim that they are not accountable for the injuries by claiming that they were negligent in a comparative manner.
The most effective method to safeguard the railroad worker's FELA claim is to talk with an experienced Chicago railroad injury lawyer. A knowledgeable lawyer will start investigating the case immediately. This typically involves taking photographs of the scene of the accident as well as interviewing witnesses. It could also involve checking the equipment employed in the injury. As time goes by, it gets more difficult to prove the basis for a FELA claim as evidence could disappear or memories of witnesses fade.