Railroad Lawsuits For Asthma and Silicosis
Rail employees are exposed to a variety hazardous situations while working. These exposures can result in serious illnesses, including cancer or silicosis. It can take a long time for these diseases to develop.
Many coal miners have suffered by the black lung disease also known as pneumoconiosis. Some of them are now fighting to get benefits.
Asthma
Diesel fumes are an everyday exposure for railroad workers, and they can cause serious health issues. Poor ventilation, the accumulation of soot in cabs for trains and work performed alongside operating locomotives can all increase the risk of developing asthma or other respiratory illnesses. Even mild asthma can hinder the ability of railroad workers to perform certain tasks. The condition can be so severe that it can leave a formerly dependable railroad worker unable to work at all. With the help of an New York railroad asthma lawyer as well as former and present railway employees who suffer from these conditions might be eligible to seek financial compensation through a successful FELA claim.
FELA claims allow plaintiffs to pursue compensation for any negative impact their asthma has had on their life including the expense of medications, lost wages and other economic losses. To be successful in a FELA claim, a worker must prove that their injuries were the result of an occupational exposure.
Residents of the area around the railyard of CSX in Lawrence County, Pennsylvania filed a FELA lawsuit alleging that a lot of coal dust drifts out of the plant and covers homes and cars. The lawsuit states that the dust causes irritation to residents' eyes and the lungs. The lawsuit further claims CSX releases and burns cancer-causing vinyl chloride which can pollute the water supply in the local area.
Cancer
Cancer can be caused in various ways, including genetics or lifestyle choices. It can also be caused by exposure to harmful chemicals. For instance, a regular exposure to vinyl chloride, which is a chemical that the Environmental Protection Agency classifies as a carcinogen, can increase one's chances of developing liver cancer or any other organ damage. In other words, those working in factories that produce vinyl products or other chemicals can be exposed to harmful substances that are released into the air during production or transportation.
Another example of a cancer-causing chemical is asbestos which is present in the insulation used in rail cars as well as in many other products. Asbestos is a cause of mesothelioma. an air-borne cancer that usually is fatal. Those who develop mesothelioma due exposure to asbestos need to consult an knowledgeable railroad attorney.
A court has determined that retired railroad workers who is disabled due to lung disease known as black lung could be eligible for disability benefits. The 4th U.S. Circuit Court of Appeals upheld findings by an administrative law judge as well as the Benefits Review Board that Olen Roberson was entitled to benefits that are typically paid to coal miners suffering from the same condition. Roberson's job required him connect and disconnect high-pressure air hoses which were connected to coal automobiles. This caused coal dust to be carried into the air.
Injuries
The railroad industry is a risky one. It is prone to sudden trauma or cumulative health injury. Unlike most workers, railroad workers are covered under FELA (Federal Employers Liability Act) that was passed in 1908, which permits employees to sue their employers to recover compensation following an workplace accident.
Railroad tracks that cross roads must be maintained in a safe and secure condition. Railroads also must warn drivers and pedestrians of the presence of their tracks and railroad cars, and must maintain an extremely high level of security for those who cross or enter their railroad property.
Train yards and coal mines emit toxic dust and fumes which can cause irritation or permanent damage to workers' lungs, eyes ears, nose, and throat. railroad workers cancer lawsuit could be caused through poorly maintained equipment or by the burning coal silica, silica in locomotive sandhoppers, or asbestos in older trains.
Exposure to carcinogens such chemical solvents, benzene and welding fumes could cause cancer. Some railroad workers have developed occupational cancers that can be difficult to treat and diagnose. Railroad workers who develop an illness or disease that is caused by work must consult an experienced railroad injury lawyer to find out about their legal options.
Claims of FELA
Railroad workers are specialized and are required to perform specific tasks which can cause devastating injuries. Injuries caused by negligence could hinder a worker's return to work and can result in massive medical bills. In these situations railroad workers who have been 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 accident or death. However it takes time to fully examine and determine the severity of an injury. If a worker fails to initiate legal action within the time frame of three years, the judge will likely to dismiss the case.
In a FELA lawsuit, proving the railroad was negligent is much simpler than in traditional personal injury lawsuits. This is due to the fact that a plaintiff must only show that the railroad's negligence led to their injuries. Railroad companies claim the concept of comparative negligence to shield themselves from liability for injuries.
Get in touch with an experienced Chicago railroad injury lawyer to safeguard the rights of a railroad worker's FELA claim. A lawyer who is experienced will begin investigating the situation immediately. This normally involves taking photographs of the scene of the accident, interviewing witnesses and inspecting the tools or equipment that caused the injury. As time goes by the process of the process of establishing a FELA case becomes more difficult as witnesses may forget or evidence may disappear.