Railroad Lawsuits For Asthma and Silicosis
Rail employees are exposed to a variety hazardous situations on the job. These exposures may cause serious diseases like cancer and the silicosis. A lot of these illnesses are a long time to develop.
The pneumoconiosis or black lung disease has afflicted thousands of coal miners. Some of these men are now fighting for benefits.
Asthma
Diesel fumes are a typical exposure for railroad workers, and they can lead to serious health issues. Poor ventilation, the accumulation of soot in train cabs and the work done alongside operating locomotives can increase the risk of developing asthma or other respiratory disorders. Even mild asthma can affect the ability of railroad workers to perform certain tasks. In severe cases, the condition can render a previously reliable railroad worker incapable of working at all. A New York railroad lawyer can assist railroad workers suffering from such conditions to pursue financial compensation.
FELA claims allow plaintiffs to pursue compensation for any negative impact their asthma has had on their life which includes the cost of medication, lost wages and other economic losses. However the success of a FELA claim is based on the fact that a person has proved that their injuries were caused by a workplace exposure.
One FELA lawsuit filed by residents of the region surrounding CSX's rail yard in Lawrence County, Pennsylvania alleges that a huge amount of coal dust drifts from the facility and is a nuisance to houses and cars. According to the lawsuit the dust causes irritation to residents' lungs and eyes. The lawsuit further claims CSX releases and burns cancer-causing vinyl chloride, which can contaminate the water supply locally.
Cancer
Cancer can be caused by a variety of factors that include genetics, lifestyle choices. However, it can also be the result of exposure to toxic chemicals. As an example exposure to vinyl chloride (a chemical that is classified as carcinogen by the Environmental Protection Agency) can increase the risk of developing liver or other organ damage. Those who work in factories that produce vinyl products and other chemicals could be exposed to toxic substances released into the air due to the production process or transport.
Asbestos is yet another cancer-causing ingredient. It is used in rail cars, and various other products. Asbestos can cause mesothelioma - an air-borne cancer that usually is fatal. If you develop mesothelioma as result of asbestos exposure, speak with an experienced railroad lawyer.
A court has ruled that retired railroad workers who is disabled due to a lung condition known as black lung may be eligible for disability benefits. The 4th U.S. Circuit Court of Appeals upheld the findings of an administrative law judge and the Benefits Review Board that Olen Roberson was entitled to benefits that are typically paid to coal miners who suffer from the same condition. Roberson's work required him to connect and uncouple high-pressure air hoses that were placed between coal automobiles. This caused coal dust to be carried into the air.
Bladder cancer lawsuit is a dangerous one. It can result in sudden injuries or even cumulative health harm. Railroad employees, unlike other workers, are covered by FELA The Federal Employers Liability Act which was passed in 1908. This allows them to sue for compensation in the event that they have an accident at work.
Railroad tracks that traverse roads must be maintained in a safe state. Railroads must also inform pedestrians and drivers of the presence of their railroad cars and tracks and must ensure the highest standards of safety for people who walk across or enter their railroad property.
Train yards and coal mines produce toxic dust and fumes that could irritate or cause permanent damage to the lungs of workers, eyes ears, nose, and throat. These dangerous conditions could be caused by poorly maintained machinery, or by the burning of silica, coal, locomotive sand hoppers as well as asbestos in older trains.
Exposure to carcinogens such as benzene, chemical solvents and welding fumes can also cause cancer. Some railroad workers have been diagnosed with occupational cancers that can be difficult to identify and treat. If a railroad employee develops an illness or disease caused by work it is recommended that they consult a knowledgeable railroad injury attorney to learn more about their legal options.
Claims involving FELA
Railroad workers are specialized and are required to perform specific tasks that can result in severe injuries. Injury caused by negligence can keep a worker from returning to work, and could result in huge medical expenses. In these situations railroad workers who have been injured have a right 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 fully analyze and identify an injury. If a worker fails to legally take action within the three-year period, court is likely to dismiss the case.
In a FELA lawsuit, proving that the railroad was negligent is easier than in traditional personal injury claims. The plaintiff needs to show that the railroad's negligence caused his or her injury. Railroad companies claim negligence in a comparative manner to avoid liability for injuries.
Consult an experienced Chicago railroad injury lawyer to defend a railroad employee's FELA claim. A lawyer who is experienced will begin investigating the case immediately. This typically involves taking pictures of the accident scene in addition to interviewing witnesses and checking the tools or equipment that caused the injury. As time gets longer, the process of establishing an FELA case becomes more difficult because witnesses may forget or evidence may disappear.