Railroad Lawsuits For Asthma and Silicosis
Railroad workers often have to deal with dangerous exposures while working. These exposures may cause serious illnesses, such as cancer and silicosis. It can take many years before these diseases develop.
Thousands of coal miners have suffered by black lung disease, also known as pneumoconiosis. Many of them are fighting to receive benefits.
Asthma
Railroad workers are often exposed to diesel fumes, that can cause a wide range of health issues. Poor ventilation, the accumulation of soot within train cabs and the work that is performed in conjunction with operating locomotives can increase the risk of developing asthma or other respiratory ailments. Even an asthma-like condition that is mild can hinder a railroad worker's ability to complete certain tasks. A severe asthma attack can render a once-dependable railroad worker unable to work at all. With Leukemia lawsuit of a New York railroad asthma lawyer who is a former and current railway workers who suffer from these conditions may have grounds for seeking financial recovery through a successful FELA claim.
FELA claims permit plaintiffs to claim compensation for any negative impacts their asthma has had on their life such as the cost of medication, lost wages, and other economic losses. However, a successful FELA claim requires that a worker prove the cause of their injuries was an occupational exposure.
Residents of the area surrounding CSX's railyard in Lawrence County, Pennsylvania filed a FELA lawsuit alleging that a large amount of coal dust has escaped out of the facility and covers homes and cars. According to the lawsuit, the dust causes irritation to residents' lungs and eyes. The lawsuit also states that CSX releases and burns cancer-causing vinyl chloride, which can contaminate the water supply of the area.
Cancer
Cancer can be caused by a range of factors, including genetics and lifestyle choices. It can also be caused through exposure to harmful chemicals. For instance, exposure to vinyl chloride (a chemical that the Environmental Protection Agency classifies as a carcinogen, can increase the risk of developing liver cancer or another organ damage. Also, those who work in factories which produce vinyl products or other chemicals can be exposed to toxic substances that are released into the air during production or transport.
Asbestos is a second cancer-causing material. It is found in rail cars, and various other products. Asbestos may cause mesothelioma. a lung cancer that usually is fatal. People who develop mesothelioma thanks exposure to asbestos need to get in touch with an experienced railroad attorney.
A court has declared that retired railroad workers who is disabled because of lung conditions known as black lung may 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 typically paid to coal miners who suffer from the same illness. Roberson's work required him to connect and uncouple high-pressure hoses that were placed between coal cars. This caused coal dust to be expelled into the air.
Injuries
The railroad industry is a dangerous job that could result in unexpected injuries or health damage from cumulative wear-and-tear. Railroad employees, unlike many workers, are covered under FELA, the Federal Employers Liability act, adopted in 1908. This allows them to sue for compensation should they suffer a mishap while at work.
Railroads are obliged to use reasonable care when operating of their property. They must keep it free of hazardous conditions that could lead to injuries to drivers or pedestrians on roads straddled by railroad lines. Railroads must also inform drivers and pedestrians of the presence of railroad tracks and cars. They must also ensure a high level of safety for anyone who enters and crosses their railroad property.
Coal mines, train yards, and other industrial locations can produce toxic dust and fumes that can cause irritation or permanent damage to the lungs, nose or ear, as well as the throat of workers. These hazardous conditions could be caused either by equipment that isn't maintained properly, or by the burning of coal silica, silica in locomotive sandhoppers and asbestos, in older trains.
Cancer can also be caused through exposure to carcinogens such as benzene and chemical solvents. Certain railroad workers have developed occupational diseases that are difficult diagnose and treat. Railroad workers who suffer from an illness or disease that is caused by work must consult an experienced railroad injury lawyer to learn about their legal options.
Claims of FELA
Railroad workers are specialized and are assigned specific jobs which can result in devastating injuries. Injuries caused by the negligence of a train company can cause a person to be unable to return to work and cause enormous medical bills. In these cases railroad workers who have been 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. However it takes time to fully assess and identify an injury. If union pacific railroad lawsuit does not initiate legal action within the three-year period, court will likely dismiss the case.
In a FELA lawsuit, proving the railroad was negligent is easier than in traditional personal injury claims. The plaintiff needs to demonstrate that the railroad's negligence caused his or her injury. Railroad companies have a claim to the concept of comparative negligence to shield themselves from liability for injuries.
Consult an experienced Chicago railroad injury lawyer to protect the rights of a railroad worker's FELA claim. Bladder cancer lawsuit will start investigating the case right away. This usually involves taking photos of the accident scene in addition to interviewing witnesses and checking the tools or equipment involved in the injury. As time gets longer, establishing a FELA case is more difficult since witnesses may forget or evidence might disappear.