Railroad Lawsuits For Asthma and Silicosis
Rail employees are exposed to a variety hazardous situations while working. These exposures can lead to serious illnesses, like cancer or silicosis. A lot of these illnesses are a long time to develop.
Many coal miners have suffered by black lung disease also known as pneumoconiosis. Some of these miners are now fighting to obtain benefits.
Asthma
Diesel fumes are a typical exposure for railroad workers, and they can cause serious health problems. Poor ventilation, the collection of soot in train cabs and the work done alongside operating locomotives can increase the risk of developing asthma or other respiratory ailments. Even mild asthma can affect the ability of railroad workers to perform certain tasks. The condition can be so severe that it can leave a formerly dependable railroad worker incapable of working at all. A New York railroad lawyer can help railway workers with such conditions to pursue financial compensation.
FELA claims allow plaintiffs to pursue compensation for the negative effects their asthma has had on their life which includes the cost of medications, lost wages and other economic losses. However for a successful FELA claim requires that a worker prove that their injuries were the result of an exposure at work.
One FELA lawsuit filed by residents living around CSX's rail yard in Lawrence County, Pennsylvania alleges that an excessive amount of coal dust flows out of the facility and covers houses and cars. According to the lawsuit the dust causes irritation to residents' eyes and lungs. The lawsuit asserts that CSX releases cancer-causing vinylchloride. It also burns it, which may affect water supply in the area.
Cancer
Cancer can be triggered in various ways, including genetics or lifestyle choices. It can also be caused by exposure to toxic chemicals. For instance, exposure to vinyl chloride (a chemical that is classified as carcinogens by the Environmental Protection Agency) can increase the risk of developing liver or other organ damage. People who work in factories that produce vinyl products and other chemicals may be exposed to toxic substances that can be released into the air due to production or transport.
Asbestos is yet another cancer-causing ingredient. It is used in rail cars, and various other products. Asbestos exposure can cause mesothelioma which is a type lung cancer that is usually fatal. People who develop mesothelioma thanks exposure to asbestos need to contact an experienced railroad lawyer.
A retired railroad worker who was disabled due to a lung disease referred to as black lung could be eligible for disability benefits, a judge has determined. 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 typically given to coal miners suffering from the same illness. Roberson's job required him connect and disconnect high pressure air hoses that were connected to coal automobiles, a process that blew coal dust into the air.
Injuries
The railroad industry is a hazardous one. It is prone to abrupt trauma or chronic health damage. In contrast to other workers, railroad employees are covered by FELA (Federal Employers Liability Act), passed in 1908, which permits employees to sue their employers to seek compensation for an accident.
Railroads are required to make use of reasonable care in the operation of their property and must keep it free from dangerous conditions that could result in injury to drivers or pedestrians on roads traversed by rail lines. Railroads must also warn drivers and pedestrians of the presence of railroad tracks and cars. They also must ensure the highest level of security for anyone who enters and traverses their railroad property.
Train yards and coal mines emit toxic dust and fumes which can cause irritation or permanent damage to the lungs of workers' eyes as well as their noses, ears, and throat. These dangerous conditions could be caused by machinery that is not properly maintained or the burning of silica, coal, locomotive sand hoppers as well as asbestos on older trains.
Exposure to carcinogens like benzene, chemical solvents and welding fumes may cause cancer. Certain railroad workers have been diagnosed with occupational illnesses that are difficult to identify and treat. If a railroad employee develops an illness or disease related to their job, they should consult an experienced railroad injury lawyer to learn more about their legal options.
Claims of FELA
Railroad workers are specialized and are assigned specific jobs which can result in devastating injuries. lawsuits against union pacific railroad of injuries caused through the negligence of a train company may render it impossible to return to work and cause massive medical bills. In these cases, 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 injury or death. It takes time to analyze and recognize an injury. If a worker fails to pursue legal action within the three-year period, the court is likely to dismiss the case.
In a FELA lawsuit, proving 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 use the concept of that they are negligent in a way to avoid liability for injuries.
Contact an experienced Chicago railroad injury lawyer to protect the rights of a railroad worker's FELA claim. A seasoned lawyer will begin investigation right away. This usually involves taking photos of the accident scene as well as interviewing witnesses and examining the equipment or tools involved in the injury. As time is passed the process of the process of establishing an FELA case becomes more difficult because witnesses may forget about the incident or evidence may vanish.