Railroad Lawsuits For Asthma and Silicosis
Railroad workers often face dangerous exposures on the job. The exposures could cause serious diseases like cancer and the silicosis. It can take a long time before these diseases develop.
Thousands of coal miners have suffered by the disease known as black lung, or pneumoconiosis. Some of these men are fighting for benefits.
Asthma
Railroad workers are regularly exposed to diesel fumes, that can cause a wide range of health problems that can be debilitating. Poor ventilation, soot accumulation within train cabs, as well as working with locomotives can increase the chance of a worker getting asthma or respiratory ailments. Even an asthma-like condition that is mild can limit a railroad employee's ability to complete certain tasks. The condition can be so severe that it can render a previously reliable railroad worker unable to work at all. A New York railroad lawyer can help railway workers with these conditions seek financial recovery.
FELA claims permit plaintiffs to seek compensation from the government for any negative effect their asthma can have on their lives, such as the cost of medications or lost wages, as well as other economic loss. However to be successful, a FELA claim is based on the fact that a person has proved that their injuries were caused by exposure to work.
Residents of the area around CSX's railyard in Lawrence County, Pennsylvania filed a FELA lawsuit alleging that a lot of coal dust erupts out of the facility and covers cars and homes. The lawsuit claims that the dust irritates the eyes of residents and the lungs. The lawsuit further claims CSX releases and burns cancer-causing vinyl chloride, which could pollute the water supply of the area.
Cancer
Cancer can manifest in many ways, including genetics or lifestyle choices. It can also be caused through exposure to toxic chemicals. For instance 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. Those who work in factories producing vinyl products or other chemicals could be exposed to toxic substances that are released into the air due to manufacturing or transportation.
Asbestos is a second cancer-causing material. It is found in rail cars and various other products. Asbestos may cause mesothelioma. a lung cancer that usually is fatal. If you develop mesothelioma a result of asbestos exposure, consult an experienced railroad lawyer.
A retired railroad worker who was affected due to a lung disease referred to as black lung could be eligible for disability benefits, a court has ruled. The 4th U.S. Circuit Court of Appeals upheld the conclusions of an administrative law judge as well as the Benefits Review Board that Olen Roberson deserved the benefits that are usually paid to coal miners who suffer from the same illness. Roberson's work required him connect and uncouple high-pressure air hoses that were connected to coal cars, a process that blew coal dust into the air.
Injuries
The railroad industry is a hazard one. It can result in sudden injuries or even cumulative health injury. Railroad employees, in contrast to other workers, are covered under FELA The Federal Employers Liability Act, that was passed in 1908. This enables them to sue for compensation should they have an accident during their work.
Railroad tracks that traverse roads must be maintained in a safe condition. Railroads must also warn pedestrians and drivers of the presence of their tracks and railroad cars and must maintain an extremely high level of security for the people who cross or enter their railroad property.
Coal mines, train yards and other industrial sites emit toxic fumes and dust that can cause irritation or permanent damage to the nose, lungs and throat of workers. These hazardous conditions can be caused by machinery that is not properly maintained or the burning of coal, silica in asbestos sand hoppers for locomotives, and asbestos on older trains.
Cancer can also be caused by exposure to carcinogens such as benzene and chemical solvents. Certain railroad workers have been diagnosed with occupational ailments that are difficult to identify and treat. If a railway worker suffers a work-related disease or illness it is recommended that they consult a knowledgeable railroad injury lawyer to learn more about their legal options.
Claims of FELA
Railroad workers have very specific and specialized jobs that may result in catastrophic injuries. Injury caused by negligence can hinder a worker's return to work, and result in massive medical bills. In railroad workers cancer lawsuit who are injured are entitled to compensation under the Federal Employees' Liability Act (FELA).
The time limit for FELA is three years from the date of the injury or death. However, it takes time to examine and determine the severity of an injury. If a worker fails to pursue legal action within the time frame of three years, the court will likely dismiss the case.
In a FELA lawsuit, proving the railroad was negligent is much more straightforward than traditional personal injury claims. The plaintiff must prove that the railroad's negligent actions caused their injury. Railroad companies claim that they are negligent in a way to avoid liability for injuries.
The most effective method to safeguard the rights of a railroad worker's FELA claim is to talk with an experienced Chicago railroad injury lawyer. A seasoned lawyer will begin investigating the case right away. This typically involves taking photographs of the scene and interviewing witnesses. It could also include reviewing the tools used in the injury. As time is passed, it becomes more difficult to establish the basis for a FELA claim as evidence can disappear, or witness memories fade.