Railroad Lawsuits For Asthma and Silicosis
Railroad workers often have to deal with dangerous exposures on the job. These exposures can cause serious diseases, such as cancer or silicosis. It can take a long time for these diseases to develop.
The pneumoconiosis disease, also known as black lung, has affected thousands of coal miners. Some of them are now fighting for benefits.
Asthma
Railroad workers are frequently exposed to diesel fumes which can cause a variety of health issues that are debilitating. Poor ventilation, soot accumulation in train cabs, and working alongside locomotives may increase the risk of an employee getting asthma or respiratory ailments. Even a mild case of asthma can hinder a railroad worker's ability to complete certain tasks. A severe asthma attack can render a once reliable railroad worker incapable of working at all. With the assistance of an New York railroad asthma lawyer, current and former railway employees suffering from these conditions could be eligible for financial recovery through an effective FELA claim.
FELA claims permit plaintiffs to claim compensation for any negative impacts their asthma has had on their life such as the cost of medications, lost wages and other economic losses. To be successful in a FELA claim, a person must prove that their injuries were the result of a work-related exposure.
One FELA lawsuit filed by residents living around the rail yard of CSX in Lawrence County, Pennsylvania alleges that a huge amount of coal dust drifts from the plant and clogs houses and cars. According to the lawsuit the dust can cause irritation to the eyes and lungs of residents. The lawsuit claims that CSX releases the cancer-causing vinylchloride and then burns it, which can be harmful to water sources in the area.
Cancer
Cancer can be caused in various ways, including genetics or lifestyle choices. But it can also be the result of exposure to toxic chemicals. For instance, exposure to vinyl chloride, a substance that the Environmental Protection Agency classifies as carcinogen, may increase one's risk of developing liver cancer or any other organ damage. In factories, workers manufacturing vinyl products or other chemicals could be exposed to toxic chemicals that are released into air due to the production process or transport.
Asbestos is a different cancer-causing chemical. It is used in rail cars, and numerous other products. Asbestos can cause mesothelioma - which is a lung cancer that generally is fatal. Those who develop mesothelioma due exposure to asbestos should seek out an knowledgeable railroad attorney.
A court has ruled that a retired railroad worker who is disabled because of lung disease known as black lung may be eligible for disability benefits. The 4th U.S. Circuit Court of Appeals upheld the conclusions of an administrative law judge and the Benefits Review Board that Olen Roberson was entitled to benefits generally paid to coal miners suffering from the same disease. Roberson's job required him connect and uncouple high-pressure hoses that were placed between coal cars. This caused coal dust to be blown into the air.
Injuries
The railroad industry is a hazard one. It can result in sudden trauma or cumulative health injury. Railroad employees, in contrast to other workers, are covered under FELA The Federal Employers Liability act, passed in 1908. This allows them to sue for compensation in the event that they are injured during their work.
Railroad tracks that cross roads must be maintained in a safe and secure condition. Railroads must also inform pedestrians and drivers of the presence of railroad tracks and vehicles. They must also maintain a high degree of safety for anyone who enters or crosses their railroad property.
Coal mines, train yards and other industrial sites produce toxic fumes and dust that can cause irritation or permanent damage to the lungs, nose, ears, and throat of workers. These hazardous conditions can be caused either through poorly maintained equipment or by the burning coal, silica, in locomotive sandhoppers, or asbestos, in older trains.
Cancer can be caused through exposure to carcinogens like as benzene and chemical solvents. Some railroad workers have developed occupational ailments that are difficult to diagnose and treat. If a railroad worker develops an illness or disease related to their job or injury, they should consult an experienced railroad injury attorney to learn more about their legal options.
Claims for FELA
Railroad workers perform extremely specific and specialized tasks that can result in devastating injuries. The result of injuries caused through the negligence of a train company can make it impossible to return to work and can result in enormous medical bills. In these situations railroad workers who are injured are entitled to compensation under the Federal Employees Liability Act (FELA).
The FELA statute of limitations 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 pursue legal action within the three-year timeframe, the case will likely be dismissed by the court.
In the case of a FELA suit, proving negligence by the railroad is less difficult than in the traditional personal injury lawsuit. This is because a worker must prove that the railroad's negligence led to the injuries. However, railroad companies frequently argue that they are not accountable for the injuries through the use of comparative negligence.
Contact cancer lawsuits experienced Chicago railroad injury lawyer to defend a railroad employee's FELA claim. A lawyer with experience will begin investigating the case immediately. This typically involves taking photographs of the scene of the accident as well as interviewing witnesses. It could also include looking over the equipment employed in the accident. As time is passed, it becomes more difficult to prove a FELA claim due to evidence that could disappear or witnesses' memories fade.