Railroad Lawsuits For Asthma and Silicosis
Railroad workers are often exposed to dangerous exposures while working. These exposures can cause serious illnesses, such as cancer or silicosis. Many of these diseases take years to develop.
Thousands of coal miners have been afflicted by the black lung disease also known as pneumoconiosis. Some of them are fighting for benefits.
Asthma
Diesel fumes are a common exposure for railroad workers and they can lead to serious health problems. Poor ventilation, accumulation of soot within train cabs, as well as working alongside locomotives can increase the likelihood of an employee suffering from respiratory or asthma-related conditions. Even mild asthma may affect the ability of railroad employees to perform certain tasks. In severe cases, the condition can make a previously reliable railroad worker incapable of working at all. A New York railroad lawyer can assist railway workers suffering from these conditions in pursuing financial compensation.
FELA claims permit plaintiffs to pursue compensation from the government for any adverse impact their asthma has on their lives, such as the costs associated with medications loss of wages, other economic loss. To be successful in a FELA claim, a worker must prove that their injuries were caused by an exposure to work.
Residents of the area around the CSX railyard in Lawrence County, Pennsylvania filed a FELA lawsuit alleging that a large amount of coal dust has escaped out of the plant and covers cars and homes. The lawsuit claims that the dust irritates residents' eyes as well as their lungs. The lawsuit also asserts that CSX releases and burns cancer-causing vinyl chloride which can pollute the water supply locally.
Cancer
Cancer can be caused by a range of factors that include genetics, lifestyle choices. However, it could be caused by exposure to certain toxic chemicals. For instance, exposure to vinyl chloride (a chemical that is classified as a carcinogen by the Environmental Protection Agency) can increase your risk of developing liver or other organ damage. Workers in factories producing vinyl products or other chemicals may be exposed to toxic substances released into the air due to production or transport.
Another example of a cancer-causing chemical is asbestos, that is found in insulation of rail cars and in many other products. blacklands railroad lawsuit can cause mesothelioma, which is a lung cancer that generally is fatal. If you develop mesothelioma as result of asbestos exposure, speak with an experienced lawyer for railroads.
A court has ruled that a retired railroad worker 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 the conclusions of an administrative law judge as well as the Benefits Review Board that Olen Roberson deserved the benefits that are usually paid to coal miners who suffer from the same illness. Roberson's work required him couple and uncouple high pressure air hoses that were connected to coal cars, a process that caused coal dust to be blown into the air.
Injuries
The railroad industry is a dangerous one. It could cause sudden injuries or even cumulative health injury. Railroad employees, unlike most workers, are covered by FELA which is the Federal Employers Liability act, which was passed in 1908. This allows them to sue for compensation should they suffer a mishap while at work.
Railroads must employ reasonable care in the operation of their property. They also have to protect it from dangerous conditions that could cause injuries to pedestrians or drivers on roads that are crossed by rail lines. Railroads must also inform pedestrians and drivers of the presence of their railroad cars and tracks and must ensure an excellent safety standard for those who cross or enter their railroad property.
Coal mines and train yards emit toxic fumes and dust that can irritate or cause permanent damage to workers' lungs, eyes as well as their noses, ears, and throat. These dangerous conditions can be caused due to equipment that is not maintained properly, or by the burning of 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 cancers that can be difficult to treat and diagnose. Railroad workers who suffer from a work-related illness or disease must consult an experienced railroad injury lawyer for advice about their legal options.
Claims for FELA
Railroad workers are entrusted with very specific and specialized jobs that could cause severe injuries. Injuries that are caused by the negligence of a train company may make it impossible to return to work and cause massive medical bills. In these cases railroad workers who are injured are entitled to compensation through 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 analyze and identify an injury. If a worker is unable to pursue legal action within the three-year period, the court is likely to dismiss the case.
In a FELA lawsuit, proving that the railroad was negligent is easier than in traditional personal injury lawsuits. This is due to the fact that a plaintiff must prove that the railroad's negligence led to their injuries. But, railroad companies often argue that they are not accountable for the injuries by claiming that they were negligent in a comparative manner.
Consult an experienced Chicago railroad injury lawyer to safeguard the rights of a railroad worker's FELA claim. A seasoned lawyer will begin investigation right away. This usually involves taking photographs of the scene and interviewing witnesses. It could also involve inspecting the tools used in the accident. As time passes, it becomes harder to prove a FELA claim due to evidence that could disappear, or witness memories fade.