Railroad Lawsuits For Asthma and Silicosis
Railroad workers often face dangerous exposures while on the job. These exposures can cause serious illnesses, such as cancer or silicosis. union pacific railroad lawsuit of these illnesses require years of development.
Black lung disease or pneumoconiosis has affected thousands of coal miners. Some of them are now fighting for benefits.
Asthma
Diesel fumes are an everyday exposure for railroad workers and they can cause serious health issues. Poor ventilation, the collection of soot in train cabs and working alongside operating locomotives can all increase a worker's risk of developing asthma or other respiratory conditions. Even mild asthma can impact a railroad worker's ability perform certain tasks. A severe case of asthma can render a once-dependable railroad worker unable to work at all. A New York railroad lawyer can assist railroad workers suffering from these conditions seek financial compensation.
FELA claims permit plaintiffs to seek compensation from the government for any adverse impact their asthma has on their lives, including the cost of medication loss of wages, other economic loss. However cancer lawsuit of a FELA claim is based on the fact that a person has proved the cause of their injuries was exposure to work.
One FELA lawsuit filed by residents living in the area near CSX's railyard in Lawrence County, Pennsylvania alleges 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 could pollute the water supply in the local area.
Cancer
Cancer can be caused by many ways, including genetics or lifestyle choices. But it can also be the result of exposure to harmful chemicals. As an example, exposure to vinyl chloride (a chemical that is classified as carcinogens by the Environmental Protection Agency) can increase your risk of developing liver or other organ damage. Workers in factories that produce vinyl products and other chemicals could be exposed to harmful substances released into the air as a result of production or transport.
Asbestos is a different cancer-causing chemical. It is used in rail cars, and various other products. Exposure to asbestos can cause mesothelioma which is a type lung cancer that is generally fatal. Patients who develop mesothelioma as a result exposure to asbestos need to get in touch with an experienced railroad lawyer.
A court has determined that retired railroad workers who is disabled due to lung conditions known as black lung may be entitled to disability benefits. The 4th U.S. Circuit Court of Appeals upheld findings by 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 condition. Roberson's work required him join and disengage high pressure air hoses to coal automobiles, a process that blew coal dust into the air.
Injuries
The railroad industry is a dangerous one. It can result in abrupt trauma or chronic health injuries. Like most workers, railroad workers are covered by FELA (Federal Employers Liability Act), passed in 1908 and allowing employees to sue their employers for compensation after a workplace accident.
cancer lawsuit are obliged to use reasonable care in the operation of their property and must ensure that it is free of dangerous conditions that could lead to injury to drivers or pedestrians on roads crossed by railroad lines. Railroads also have to inform pedestrians and drivers of the presence of their railroad cars and tracks, and must maintain an extremely high level of security for those who enter or cross their railroad property.
Coal mines, train yards, and other industrial sites can generate toxic fumes and dust that can cause irritation or permanent damage to the nose, lungs or ear, as well as the throat of workers. These dangerous conditions are caused by machinery that is not properly maintained, or by the burning of coal, silica in locomotive sand hoppers as well as asbestos in older trains.
Cancer can 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. Railroad workers who develop an illness or condition that is related to their job should consult a knowledgeable railroad injury lawyer to learn about their legal options.
Claims involving FELA
Railroad workers are skilled and are required to perform specific tasks that can result in catastrophic injuries. Accidents caused by negligence could stop a worker from returning to work, and could result in massive medical bills. In these situations railroad workers who have been injured are entitled to compensation through 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 does not initiate legal action within the three years the case could be dismissed by the court.
In a FELA lawsuit, proving the railroad was negligent is simpler than in traditional personal injury claims. The worker only needs to prove that the railroad's negligence caused their injury. However, railroad companies frequently claim that they aren't responsible for injuries caused by claiming comparative negligence.
Consult an experienced Chicago railroad injury lawyer to defend a railroad employee's FELA claim. A lawyer with experience will begin investigating the case as soon as possible. Leukemia lawsuit involves taking photographs of the scene of the accident as well as interviewing witnesses. It could also involve inspecting the tools employed in the accident. As time is passed the process of the process of establishing a FELA case becomes more difficult due to the fact that witnesses may forget about the incident or evidence may vanish.