Railroad Lawsuits For Asthma and Silicosis
Railroad workers often face dangerous exposures while on the job. These exposures can result in serious illnesses, like cancer or silicosis. It can take years for these diseases to manifest.
Thousands of coal miners have been struck by black lung disease also known as pneumoconiosis. Some of these miners are fighting to receive benefits.
Asthma
Railroad workers are frequently exposed to diesel fumes which can cause a variety of health problems that can be debilitating. Poor ventilation, the accumulation of soot inside train cabs and working alongside locomotives may increase the risk of a worker developing respiratory issues or asthma. Even cancer lawsuit can affect the ability of railroad employees to perform certain tasks. Severe cases of the condition can make a once reliable railroad worker unable to work at all. With the assistance of a New York railroad asthma lawyer who is a former and current railway workers suffering from these kinds of illnesses might be eligible to seek financial compensation through a successful FELA claim.
FELA claims permit plaintiffs to pursue compensation from the government for any adverse impact their asthma can have on their lives, including the cost of medications or lost wages, as well as other economic loss. To be successful in a FELA claim, an employee must prove that their injuries were the result of an occupational exposure.
One FELA lawsuit filed by residents living in the area around CSX's rail yard in Lawrence County, Pennsylvania alleges that a large amount of coal dust flows from the plant and clogs homes and cars. According to the lawsuit, the dust causes irritation to residents' lungs and eyes. The lawsuit also asserts that CSX releases and burns cancer-causing vinyl chloride which could pollute the water supply locally.
Cancer
Cancer can be caused by a variety of causes such as genetics and lifestyle choices. However, it can also be the result of exposure to harmful chemicals. For instance 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. Also, those working in factories that produce vinyl products, or other chemicals may be exposed to harmful substances that are released into the air during production or transportation.
Another example of a cancer-causing substance is asbestos, which is found in insulation of rail cars and in many other products. Asbestos can cause mesothelioma - a lung cancer that usually is fatal. If union pacific railroad lawsuit develop mesothelioma a result of asbestos exposure, speak with an knowledgeable railroad lawyer.
A retired railroad worker who was disabled by a lung illness known as black lung could be eligible for disability benefits, a court has declared. The 4th U.S. Circuit Court of Appeals upheld the findings of an administrative law judge as well as the Benefits Review Board that Olen Roberson deserved the benefits that are generally paid to coal miners suffering from the same condition. Roberson's work required him to connect and uncouple high-pressure air hoses to coal automobiles, a process that caused coal dust to be blown into the air.
Injuries
The railroad industry is a dangerous one. It can cause sudden trauma or cumulative health injury. Railroad employees, unlike most workers, are covered under FELA, the Federal Employers Liability act, adopted in 1908. This allows them to sue for compensation in the event that they are injured at work.
Rail lines that traverse roads must be maintained in a safe state. Railroads also have to inform pedestrians and drivers of the presence of their railroad cars and tracks, and must maintain the highest standards of safety for people who walk across or enter their railroad property.
Train yards and coal mines emit toxic dust and fumes that could cause permanent harm or irritation to the lungs of workers' eyes as well as their noses, ears, and throat. These dangerous conditions are caused by machinery that is not properly maintained, or by the combustion of silica, coal, asbestos sand hoppers for locomotives, and asbestos on older trains.
Exposure to carcinogens such benzene, chemical solvents and welding fumes could cause cancer. Some railroad workers have developed occupational cancers that can be difficult to identify and treat. Railroad workers who suffer from a work-related illness or disease must consult an experienced railroad injury lawyer to find out about their legal options.
Claims for FELA
Railroad workers are highly skilled and are assigned specific jobs which can cause devastating injuries. Leukemia lawsuit of injuries caused through the negligence of a train company may cause a person to be unable to return to work, and could result in huge medical expenses. In these situations, railroad workers who are injured are entitled to be compensated under the Federal Employees Liability Act (FELA).
The statute of limitations for FELA is three years after the date of injury or fatality. However it takes time to fully examine and determine the severity of an injury. If a worker is unable to take legal action in the three-year timeframe, the court is likely to dismiss the case.
In a FELA lawsuit, proving the railroad was negligent is much easier than in traditional personal injury lawsuits. The plaintiff needs to demonstrate that the railroad's negligence caused his or her injury. Railroad companies have a claim to the concept of comparative negligence to shield themselves from liability for injuries.
The most effective way to safeguard a railroad worker's FELA claim is to talk with an experienced Chicago railroad injury attorney. A lawyer who is experienced will start investigating the case right away. This typically involves taking photographs of the scene of the accident and interviewing witnesses, as well as examining the tools or equipment involved in the accident. As time goes by, the process of establishing the basis of a FELA case is more difficult since witnesses may forget or evidence may disappear.