Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed to many hazardous situations on the job. The exposures they endure can cause serious illnesses, such as cancer or silicosis. A lot of these illnesses require years of development.
Black lung disease or pneumoconiosis has afflicted thousands of coal miners. Many of these miners are now fighting for benefits.
Asthma
Diesel fumes are a typical exposure for railroad workers and they can cause serious health issues. Poor ventilation, accumulation of soot in train cabs, and working with locomotives can increase the chance of a worker developing respiratory issues or asthma. Even mild asthma can impact the ability of railroad employees to perform certain tasks. A severe asthma attack can render a once reliable railroad worker unable to work at all. A New York railroad lawyer can assist railroad workers suffering from these conditions in pursuing financial compensation.
FELA claims allow plaintiffs to pursue compensation from the government for any negative effect their asthma has on their lives, such as the cost associated with medication loss of wages, other economic loss. To be successful in a FELA claim, a worker must prove that their injuries were the result of an occupational exposure.
Residents living in the vicinity of CSX's railyard in Lawrence County, Pennsylvania filed a FELA lawsuit alleging that an excessive amount of coal dust drifts out of the facility and covers homes and cars. The lawsuit claims that the dust is irritating residents' eyes as well as the lungs. The lawsuit asserts that CSX releases cancer-causing vinylchloride and burns it, which could be harmful to water sources in the area.
Cancer
Cancer can be caused in various ways, including genetics or lifestyle choices. However, it could also be the result of exposure to toxic chemicals. For instance, exposure to vinyl chloride, which is a chemical that the Environmental Protection Agency classifies as a carcinogen, can increase one's chance of developing liver cancer or another organ damage. In railroad cancer lawsuit , people who work in factories that produce vinyl products or other chemicals may be exposed to toxic substances that are released into the air during the production process or during transportation.
Another cancer-causing chemical is asbestos which is present in the insulation that is used on rail cars, as well as in a variety of other products. Exposure to asbestos can cause mesothelioma. It is a form of lung cancer that can be fatal. Those who develop mesothelioma due to asbestos exposure should get in touch with an knowledgeable railroad attorney.
A retired railroad worker who was struck down due to a lung disease referred to as black lung may be entitled to disability benefits, a court has declared. The 4th U.S. Circuit Court of Appeals upheld the findings of an administrative law judge and the Benefits Review Board that Olen Roberson deserved benefits that are usually paid to coal miners who suffer from the same condition. Roberson's work required him connect and uncouple high-pressure air hoses that were placed between coal automobiles. This caused coal dust to be expelled into the air.
Injuries
The railroad industry is a hazardous job that can result in unexpected injuries or the effects of wear-and-tear over time. Railroad employees, unlike most workers, are covered under FELA which is the Federal Employers Liability Act that was passed in 1908. This allows employees to sue for compensation if they suffer a mishap on the job.
Rail lines that traverse roads must be maintained in a good condition. Railroads must also inform pedestrians and drivers of the presence of their tracks and railroad cars, and must maintain the highest standards of safety for those who enter or cross their railroad property.
Train yards and coal mines emit toxic dust and fumes which can irritate or cause permanent damage to workers' lungs, eyes as well as their noses, ears, and throat. These dangerous conditions can be caused by machinery that is not properly maintained, or by the burning of silica, coal, locomotive sand hoppers as well as asbestos in older trains.
Cancer can be caused by exposure to carcinogens, such as benzene and chemical solvents. Some railroad workers have developed occupational cancers that are difficult to identify and treat. Railroad workers who develop an illness or disease that is caused by work should consult a knowledgeable railroad injury lawyer for advice about their legal options.
FELA Claims
Railroad workers are entrusted with very specific and specialized jobs that could cause severe injuries. Injuries caused through the negligence of a train firm can render it impossible to return to work, and could result in massive medical bills. In these cases railroad workers who are injured 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 fully analyze and recognize an injury. If a worker does not seek legal action within a three year period, the case will likely be dismissed by the court.
In a FELA lawsuit, proving that the railroad was negligent is easier than in traditional personal injury lawsuits. This is because a worker must only show that negligence on the part of the railroad contributed to their injuries. However, railroads often claim that they are not accountable for the injuries through the use of comparative negligence.
Consult an experienced Chicago railroad injury lawyer to defend the rights of a railroad worker's FELA claim. A knowledgeable lawyer will begin looking into the matter right away. This typically involves taking pictures of the accident scene in addition to interviewing witnesses and checking the tools or equipment that caused the injury. As time goes by, it gets more difficult to prove a FELA claim as evidence could disappear or witness memories fade.