Railroad Lawsuits For Asthma and Silicosis
Rail employees are exposed to a variety dangers on the job. These exposures can lead to serious illnesses, like cancer or silicosis. It can take a long time for these diseases to develop.
Many coal miners have been struck by black lung disease also known as pneumoconiosis. Some of these men are now fighting to get benefits.
Asthma
Railroad workers are often exposed to diesel fumes, that can cause a wide range of debilitating health problems. Poor ventilation, soot accumulation in train cabs, and working with locomotives may increase the risk of an employee developing respiratory issues or asthma. Even a mild case of asthma could limit a railroad employee’s ability to do certain tasks. A severe case of asthma can render a once reliable railroad controls limited lawsuit worker incapable of working at all. A New York railroad lawyer can help railroad workers suffering from such conditions to pursue financial compensation.
FELA claims permit plaintiffs to claim compensation for any negative impact their asthma has had on their lives including the expense of medications, lost wages and other economic losses. 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 surrounding the CSX railyard in Lawrence County, Pennsylvania filed a FELA lawsuit alleging that an excessive amount of coal dust erupts out of the plant and covers cars and homes. According to the lawsuit, the dust can cause irritation to residents’ lungs and eyes. The lawsuit also asserts that CSX releases and burns cancer-causing vinyl chloride, which can be harmful to the local water supply.
Cancer
Cancer can be caused by various ways, including genetics or lifestyle choices. However, it could be caused by exposure to certain toxic chemicals. For instance, exposure to vinyl chloride (a chemical that the Environmental Protection Agency classifies as carcinogens, may increase the chances of developing liver cancer, or other organ damage. In other words, people working in factories that produce vinyl products, or other chemicals could be exposed to toxic substances that are released into the air during the process of production or transportation.
Asbestos is a different cancer-causing chemical. It is used in rail cars, and various other products. Asbestos exposure can lead to mesothelioma which is a type lung cancer that is typically fatal. If you develop mesothelioma as a result exposure to asbestos, you should consult an knowledgeable railroad lawyer.
A court has declared that retired railroad workers who is disabled because of lung disease known as black lung may be eligible for disability benefits. The 4th U.S. Circuit Court of Appeals upheld conclusions of an administrative law judge as well as the Benefits Review Board that Olen Roberson was entitled to benefits generally paid to coal miners suffering from the same disease. Roberson’s job required him to connect and uncouple high-pressure air hoses between coal automobiles, a process that caused coal dust to be blown into the air.
Injuries
The railroad industry is a risky one. It is prone to sudden injuries or even cumulative health damage. Railroad employees, in contrast to other workers, are covered under FELA which is the Federal Employers Liability act, which was passed in 1908. This enables employees to sue for compensation if they suffer a mishap on the job.
Rail lines that cross roads must be maintained in a safe and secure condition. Railroads must also inform drivers and pedestrians of the presence of their tracks and railroad cars, and must maintain a high standard of safety for those who enter or cross their railroad property.
Coal mines, train yards, and other industrial locations can emit toxic fumes and dust that can cause irritation or permanent damage to the lungs, nose, ears, and throat of workers. These hazardous conditions could be caused either through poorly maintained equipment or by the burning of coal, silica, in locomotive sandhoppers, or asbestos, on older trains.
Cancer can be caused by exposure to carcinogens such as benzene and chemical solvents. Certain railroad workers have developed occupational cancers that can be difficult to treat and diagnose. If a worker on the railroad develops an illness or disease caused by work or injury, they should consult a skilled railroad injury lawyer to learn more about their legal options.
Claims for FELA
Railroad workers are skilled and have specific jobs which can result in catastrophic injuries. Injuries caused by negligence could keep a worker from returning to work, and Lawsuits against union pacific railroad result in huge medical expenses. In these situations 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 injury or death. However it takes time to evaluate and recognize an injury. If a worker fails to legally take action within the time frame of three years, the court is likely to dismiss the case.
In a FELA lawsuit, proving the railroad was negligent is easier than in traditional personal injury Lawsuits against union pacific railroad – foxtrotrealestate.com,. The plaintiff only has to demonstrate that the railroad’s negligence caused his or her injury. However, railroads often argue that they are not responsible for injuries caused by claiming negligence in the context of comparative.
Find an experienced Chicago railroad injury lawyer to protect a railroad employee’s FELA claim. A lawyer who is knowledgeable will start investigating the case right away. This typically involves taking pictures of the scene of the accident and interviewing witnesses, as well as examining the equipment or tools involved in the accident. As time gets longer, it becomes more difficult to establish a FELA claim because evidence may disappear, or witness memories fade.
