Railroad Lawsuits For Asthma and Silicosis
Railroad workers are frequently exposed to risky exposures while working. These exposures may cause serious illnesses, such as cancer and silicosis. It could take years before these diseases develop.
The pneumoconiosis disease, also known as black lung, has affected thousands of coal miners. Many of these miners are now fighting for benefits.
Asthma
Railroad workers are frequently exposed to diesel fumes, which can trigger a range of debilitating health problems. Poor ventilation, the collection of soot within train cabs and the work done alongside operating locomotives can increase the likelihood of developing asthma or other respiratory conditions. Even mild asthma can affect the ability of railroad workers to complete certain tasks. A severe asthma attack can render a once-dependable railroad worker incapable of working at all. With the help of a New York railroad asthma lawyer who is a former and current railway employees who suffer from these types of conditions may be eligible for financial recovery through a successful FELA claim.
FELA claims permit plaintiffs to claim compensation for any negative impacts their asthma has had on their lives such as the cost of medications, lost wages and other economic losses. To be successful in a FELA claim, a worker must prove that 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 lot of coal dust has escaped out of the facility and covers homes and cars. The lawsuit states that the dust causes irritation to residents' eyes as well as lungs. railroad cancer lawsuit claims CSX releases and burns cancer-causing vinyl chloride which can contaminate the water supply locally.
Cancer
Cancer can be caused by a range of factors that include genetics, lifestyle choices. It can also be caused by exposure to harmful chemicals. For instance, regular exposure to vinyl chloride, a chemical that the Environmental Protection Agency classifies as carcinogens, can increase one's chances of developing liver cancer or any other organ damage. People who work in factories manufacturing vinyl products or other chemicals could be exposed to toxic substances released into the air due to the production process or transport.
Asbestos is a second cancer-causing material. It is used in rail cars and various other products. Asbestos can cause mesothelioma, which is a lung cancer that generally is fatal. Patients who develop mesothelioma as a result to asbestos exposure must consult an knowledgeable railroad lawyer.
A court has decided that retired railroad workers who is disabled due to lung diseases such as black lung may 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 deserved the benefits that are typically paid to coal miners who suffer from the same illness. Roberson's work required him to connect and disconnect high pressure air hoses in coal automobiles, a process that produced coal dust in the air.
Injuries
The railroad industry is a risky one. It could cause sudden trauma or cumulative health injuries. Railroad employees, unlike most workers, are covered by FELA The Federal Employers Liability act, which was passed in 1908. This allows them to sue for compensation in the event that they have an accident on the job.
Railroads are required to take reasonable care when operating of their property. They also have to keep it free of hazardous conditions that could result in injuries to drivers or pedestrians on roads traversed by rail lines. Railroads must also warn drivers and pedestrians of the presence of railroad tracks and automobiles. They must also maintain an extremely high level of security for anyone who enters and traverses their railroad property.
Train yards, coal mines, and other industrial locations can emit toxic fumes and dust that can cause irritation or permanent damage to the lungs, nose ears, throat, and lungs of workers. These hazardous conditions can be caused by machinery that is not properly maintained or the burning of silica, coal, the hoppers of locomotives and asbestos in older trains.
Cancer can also be caused by exposure to carcinogens such as benzene and chemical solvents. Some railroad workers have been diagnosed with occupational cancers that can be difficult to identify and treat. Railroad workers who develop a disease or illness that is a result of their work must consult an experienced railroad injury lawyer for advice about their legal options.
Claims involving FELA
Railroad workers perform extremely specific and specialized tasks that can cause severe injuries. Accidents caused by negligence could stop a worker from returning to work, and could result in huge medical expenses. In these instances railroad workers who have been injured are entitled to be compensated under the Federal Employees' Liability Act (FELA).
The FELA statute of limitations is three years from the date of injury or death. However it takes time to evaluate and recognize an injury. If a worker fails to take legal action in the three-year period, judge will likely to dismiss the case.
In a FELA lawsuit, proving the railroad was negligent is easier than in traditional personal injury claims. This is due to the fact that a plaintiff must only show that the railroad's negligence contributed to their injuries. Railroad companies have a claim to the concept of comparative negligence to shield themselves from liability for injuries.
Contact an experienced Chicago railroad injury lawyer to defend the rights of a railroad worker's FELA claim. A knowledgeable lawyer will start investigation right away. This usually involves taking photos of the accident scene as well as interviewing witnesses and examining the tools or equipment involved in the accident. As time passes, it becomes harder to prove a FELA claim as evidence can disappear or witness memories fade.