Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed to many hazardous situations on the job. These exposures can cause serious illnesses, such as cancer or silicosis. It can take a long time before these diseases develop.
The pneumoconiosis or black lung disease has affected thousands of coal miners. Some of them are fighting to receive benefits.
Asthma
Diesel fumes are a frequent exposure for railroad workers, and they can lead to serious health issues. Poor ventilation, the accumulation of soot within train cabs, as well as working with locomotives may increase the risk of an employee getting asthma or respiratory ailments. Even mild asthma may affect a railroad worker's ability perform certain tasks. Severe cases of the condition can make a previously reliable railroad worker unable to work at all. With the assistance of a New York railroad asthma lawyer both former and current railroad employees who suffer from these types of conditions might be eligible to seek financial recovery through an effective FELA claim.
FELA claims allow plaintiffs to pursue compensation for any negative impact their asthma has had on their life including the expense of medication, 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 of the area surrounding CSX's rail yard in Lawrence County, Pennsylvania alleges that an unreasonable amount of coal dust drifts from the facility and covers homes and cars. The lawsuit claims that the dust irritates the residents' eyes and their lungs. cancer lawsuit claims CSX releases and burns cancer-causing vinyl chloride which can be harmful to the water supply locally.
Cancer
Cancer can be triggered in many ways, including genetics or lifestyle choices. But it can be caused by exposure to toxic chemicals. As an example exposure to vinyl chloride (a chemical classified as carcinogens by the Environmental Protection Agency) can increase the risk of developing liver or other organ damage. In other words, 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.
Asbestos is a different cancer-causing chemical. It is found in rail cars, as well as many other products. Exposure to asbestos can cause mesothelioma, which is a type of lung cancer that is typically fatal. People who develop mesothelioma thanks exposure to asbestos need to seek out an knowledgeable railroad attorney.
A court has determined that retired railroad workers who is disabled because of a lung condition known as black lung may be entitled to disability benefits. 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 generally paid to coal miners suffering from the same disease. Roberson's job required him to connect and uncouple high-pressure air hoses between coal vehicles, a procedure that blew coal dust into the air.
Injuries
Working on the railroad is a risky job that can result in severe injuries that are sudden or the effects of wear-and-tear over time. Railroad employees, unlike many workers, are covered under FELA The Federal Employers Liability act, that was passed in 1908. This allows employees to seek compensation if they suffer an accident at work.
Railroads are required to make use of reasonable care in the operation of their property. They are required to keep it free from dangerous conditions that could cause injuries to pedestrians or drivers on roads that are crossed by rail lines. Railroads must also warn drivers and pedestrians of the presence of railroad tracks and cars. 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 sites produce toxic dust and fumes that can cause irritation or permanent damage to the lungs, nose and throat of workers. These hazardous conditions could be caused due to equipment that is not maintained properly, or by the burning of coal, silica, in locomotive sandhoppers, and asbestos, on older trains.
Exposure to carcinogens like benzene, chemical solvents and welding fumes can also cause cancer. 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, they should seek out a seasoned railroad injury lawyer to find out more about their legal options.
Claims of FELA
Railroad workers are skilled and have very specific jobs, which can lead to catastrophic injuries. The result of injuries caused due to the negligence of a train company can cause a person to be unable to return to work and result in enormous medical bills. In these instances railroad workers who are injured are entitled to compensation through the Federal Employees Liability Act (FELA).
The time limit for FELA is three years following the date of injury or death. It takes time to fully examine and determine the severity of an injury. If a worker does not take legal action within the three-year period the case is likely to be dismissed by the court.
In a FELA suit, the process of proving negligence on behalf of the railroad is less difficult than in a traditional personal injury claim. The plaintiff needs to demonstrate that the railroad's negligence caused their injury. Railroad companies have a claim to that they are negligent in a way to avoid liability for injuries.
Contact an experienced Chicago railroad injury lawyer to defend the railroad employee's FELA claim. A lawyer with experience will start investigating the case right away. This usually involves taking photos of the accident scene, interviewing witnesses and inspecting the tools or equipment involved in the injury. As time gets longer the process of establishing the basis of a FELA case is more difficult since witnesses might forget or evidence could disappear.