Railroad Lawsuits For Asthma and Silicosis
Railroad workers are often exposed to dangerous exposures on the job. These exposures can cause serious illnesses, including cancer or silicosis. A lot of these illnesses are a long time to develop.
Black lung disease or pneumoconiosis has affected thousands of coal miners. Some of these men are now fighting to get benefits.
Asthma
Railroad workers are often exposed to diesel fumes, which can cause a variety of health problems that can be debilitating. Poor ventilation, accumulation of soot within train cabs, as well as working alongside locomotives can increase the chance of an employee developing respiratory issues or asthma. Even mild asthma can impact a railroad worker's ability perform certain tasks. A severe case of asthma can render a once reliable railroad worker unfit to work at all. With the assistance of a New York railroad asthma lawyer as well as former and present railway workers suffering from these types of conditions could be eligible for financial recovery through a successful FELA claim.
FELA claims enable plaintiffs to seek compensation from the government for any negative effect their asthma has on their lives, such as the cost of medication as well as lost wages and other economic loss. However to be successful, a FELA claim requires that a worker prove their injuries were caused by a workplace exposure.
One FELA lawsuit filed by residents living near CSX's railyard in Lawrence County, Pennsylvania alleges that an excessive amount of coal dust is emitted from the facility and is a nuisance to people's cars and houses. The lawsuit states that the dust causes irritation to residents' eyes as well as the lungs. The lawsuit states that CSX releases the cancer-causing vinylchloride and then burns it. This can cause water pollution in the local area.
Cancer
Cancer can be caused by a range of causes such as genetics, lifestyle choices. It can also be caused through exposure to toxic chemicals. For instance, a regular exposure to vinyl chloride, a chemical that the Environmental Protection Agency classifies as carcinogens, may increase one's risk of developing liver cancer or other organ damage. In other words, people working in factories that produce vinyl products or other chemicals can be exposed to toxic substances that are released into the air during the process of production or transportation.
Asbestos is another cancer-causing substance. It is used in rail cars, as well as various other products. Asbestos can cause mesothelioma, the lung cancer that typically is fatal. Anyone who develops mesothelioma due to asbestos exposure should contact an knowledgeable railroad attorney.
A court has decided that a retired railroad worker who is disabled because of lung conditions known as black lung could be eligible for disability benefits. The 4th U.S. Circuit Court of Appeals upheld conclusions of an administrative law judge and the Benefits Review Board that Olen Roberson was entitled to benefits typically given to coal miners suffering from the same ailment. Roberson's work required him connect and uncouple high-pressure hoses that were positioned between coal automobiles. This caused coal dust to be blown into the air.
Injuries
The railroad industry is a risky job that could result in severe injuries that are sudden or damage to your health from wear and tear. In contrast to other workers, railroad employees are protected by FELA (Federal Employers Liability Act) which was enacted in 1908 and allowing employees to sue their employers for compensation after a workplace accident.
Rail lines that cross roads must be maintained in a safe condition. Railroads also must warn drivers and pedestrians of the presence of their railroad cars and tracks and must ensure a high standard of safety for those who enter or cross their railroad property.
Train yards and coal mines emit toxic dust and fumes that can cause permanent harm or irritation to workers' lungs, eyes ears, nose, and throat. These dangerous conditions can be caused by machinery that is not properly maintained or the combustion of silica, coal, locomotive sand hoppers and asbestos in older trains.
Exposure to carcinogens such as chemical solvents, benzene and welding fumes can cause cancer. Certain railroad workers have developed occupational diseases that are difficult diagnose and treat. Railroad workers who develop an illness or disease that is caused by work should seek out a seasoned railroad injury lawyer for advice about their legal options.
Claims of FELA
Railroad workers are highly skilled and have specific jobs, which can lead to severe injuries. Injuries caused due to the negligence of a railroad company could cause a person to be unable to return to work, and could result in massive 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 following the date of the accident or death. However, it takes time to assess and identify an injury. If a worker fails to initiate legal action within the three years the case could be dismissed by the court.
In a FELA suit, the proof of negligence by the railroad is much easier than the traditional personal injury lawsuit. This is because a person must prove that negligence on the part of the railroad contributed to the injuries. Railroad companies use the concept of negligence in a comparative manner to avoid liability for injuries.
The most effective method to protect the railroad worker's FELA claim is to speak with an experienced Chicago railroad injury lawyer. A lawyer who is knowledgeable will begin investigating the case immediately. railroad lawsuits involves taking photographs of the accident scene as well as interviewing witnesses and examining the equipment or tools that caused the injury. As time passes, it becomes harder to prove a FELA claim due to evidence that could disappear or memories of witnesses fade.