Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed to a variety of hazardous situations on the job. These exposures can cause serious illnesses, such as cancer and silicosis. It can take many years for these diseases to manifest.
Black lung disease or pneumoconiosis has afflicted thousands of coal miners. Kidney cancer lawsuit of these men are fighting for benefits.
Asthma
Railroad workers are often exposed to diesel fumes that can cause a wide range of health issues. Poor ventilation, the collection of soot in train cabs and the work that is performed in conjunction with operating locomotives can all increase the risk of developing asthma or other respiratory illnesses. Even mild asthma can affect the ability of railroad workers to perform certain tasks. The condition can be so severe that it can render a previously reliable railroad worker incapable of working at all. A New York railroad lawyer can assist railway workers suffering from these conditions to seek financial compensation.
mesothelioma lawsuit allow plaintiffs to pursue compensation from the government for any negative impact the asthma they suffer has on their lives, such as the cost of medication as well as lost wages and other economic losses. However the success of a FELA claim requires that the worker prove that their injuries were caused by an exposure at work.
Residents living in the vicinity of the railyard of CSX in Lawrence County, Pennsylvania filed a FELA lawsuit claiming that a large amount of coal dust has escaped out of the plant and covers cars and homes. The lawsuit states that the dust causes irritation to residents' eyes and their lungs. The lawsuit asserts that CSX releases cancer-causing vinylchloride and burns it. This can be harmful to water sources in the area.
Cancer
Cancer can be triggered in various ways, including genetics or lifestyle choices. It can also be caused through exposure to harmful chemicals. For instance, a regular exposure to vinyl chloride (a chemical that the Environmental Protection Agency classifies as carcinogen, may increase the chance of developing liver cancer or any other organ damage. Those who work in factories that produce vinyl products and other chemicals could be exposed to harmful substances that are released into the air as a result of manufacturing or transportation.
Asbestos is yet another cancer-causing ingredient. It is found in rail cars, and various other products. Asbestos exposure can lead to mesothelioma, a form of lung cancer that is generally fatal. Anyone who develops mesothelioma due to asbestos exposure must get in touch with an expert railroad attorney.
A court has determined that retired railroad workers who is disabled because of lung conditions 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 typically given to coal miners suffering from the same ailment. Roberson's work required him to connect and uncouple high-pressure air hoses in coal automobiles, a process that blew coal dust into the air.
Injuries
Railroad work is a hazardous job that could result in severe injuries that are sudden or health damage from cumulative wear-and-tear. Railroad employees, unlike most workers, are covered by FELA The Federal Employers Liability act, passed in 1908. This enables employees to seek compensation if they suffer an accident while at work.
Rail lines that cross roads need to be maintained in a good condition. Railroads also must warn pedestrians and drivers of the presence of their railroad cars and tracks and must maintain a high standard of safety for those who enter or cross their railroad property.
Train yards and coal mines emit toxic dust and fumes that could cause irritation or permanent damage to the lungs of workers' eyes, ears, nose and throat. These hazardous conditions can be caused by poorly maintained machinery or the combustion of silica, coal, locomotive sand hoppers as well as asbestos on older trains.
Exposure to carcinogens like chemical solvents, benzene and welding fumes may cause cancer. Some railroad workers have developed occupational cancers that are difficult to detect and treat. If a railroad worker develops an illness or disease caused by work it is recommended that they consult a skilled railroad injury lawyer to learn more about their legal options.
FELA Claims
Railroad workers are entrusted with very specific and specialized jobs that may cause severe injuries. Accidents caused by negligence on the part of a railroad company could cause a person to be unable to return to work and cause huge medical expenses. In these situations railroad employees who are injured have a right to be compensated under the Federal Employees Liability Act (FELA).
The FELA statute of limitations is three years from the date of injury or death. However, mesothelioma lawsuit takes time to assess and identify an injury. If a worker fails to initiate legal action within the three-year timeframe the case could be dismissed by the court.
In a FELA suit, the process of proving negligence on behalf of the railroad is easier than in the traditional personal injury lawsuit. The plaintiff must prove that the railroad's negligence caused his or her injury. Railroad companies use the concept of comparative negligence to avoid liability for injuries.
The most effective method to safeguard the rights of railroad workers' FELA claim is to discuss with an experienced Chicago railroad injury lawyer. A seasoned attorney will begin investigating the case immediately. This usually involves taking pictures of the scene and interviewing witnesses. It could also include checking the equipment used in the injury. As time passes, it becomes harder to establish a FELA claim as evidence could disappear or memories of witnesses fade.