Railroad Lawsuits For Asthma and Silicosis
Rail employees are exposed to a variety dangers on the job. These exposures can lead to serious diseases, such as cancer or silicosis. A lot of these illnesses require years of development.
Many coal miners have been afflicted by the black lung disease or pneumoconiosis. Some of these men are now fighting for benefits.
Asthma
Railroad workers are regularly exposed to diesel fumes which can cause a myriad of health issues. Poor ventilation, accumulation of soot within train cabs, as well as working alongside locomotives can increase the risk of a worker developing asthma or respiratory conditions. Even mild asthma can hinder the ability of railroad employees to perform certain tasks. In severe cases, the condition can leave a formerly dependable railroad worker incapable of working at all. With the assistance of a New York railroad asthma lawyer both former and current railroad workers suffering from these kinds of illnesses might be eligible to seek financial compensation through an effective FELA claim.
FELA claims enable plaintiffs to seek compensation from the government for any negative impact their asthma can have on their lives, including the cost associated with medication as well as lost wages and other economic loss. To be successful in a FELA claim, an employee must prove that their injuries were the result of an occupational exposure.
One FELA lawsuit filed by residents living in the area near CSX's railyard in Lawrence County, Pennsylvania alleges that an excessive amount of coal dust is emitted out of the facility and covers houses and cars. According to the lawsuit, the dust irritates residents' lungs and eyes. The lawsuit claims that CSX releases cancer-causing vinylchloride, and burns it, which could affect water supply in the area.
Cancer
Cancer can be caused by a range of factors such as genetics and lifestyle choices. It can also be caused through exposure to harmful chemicals. For instance, exposure to vinyl chloride, which is a chemical that the Environmental Protection Agency classifies as carcinogen, may increase one's chance of developing liver cancer or another organ damage. Also, those working in factories that produce vinyl products or other chemicals may be exposed to harmful substances that are released into the air during the process of production or transportation.
Asbestos is yet another cancer-causing ingredient. It is found in rail cars and numerous other products. Asbestos can cause mesothelioma, a lung cancer that usually is fatal. Anyone who develops mesothelioma due exposure to asbestos should seek out an knowledgeable railroad lawyer.
A retired railroad worker who was struck down due to a lung disease referred to as black lung could be eligible for disability benefits, a court has ruled. The 4th U.S. The 4th U.S. Roberson's job required him to connect and uncouple high-pressure air pipes that were positioned between coal cars. Leukemia lawsuit caused coal dust to be released into the air.
Injuries
Working on the railroad is a risky job that can result in shocking injuries or damage to your health from wear and tear. In contrast to other workers, railroad workers are covered by FELA (Federal Employers Liability Act) which was passed in 1908, which allows them to sue their employer to recover compensation following an workplace accident.
Rail lines that cross roads have to be maintained in a safe state. Railroads must also inform drivers and pedestrians of the presence of railroad tracks and automobiles. They also must ensure a high level of safety for all who enters or crosses their railroad property.
Train yards and coal mines emit toxic dust and fumes that can cause permanent harm or irritation to the lungs of workers, eyes as well as their noses, ears, and throat. These hazardous conditions can be caused by machinery that is not properly maintained, or by the burning of silica, coal, locomotive sand hoppers and asbestos in older trains.
Exposure to carcinogens like benzene, chemical solvents and welding fumes can also cause cancer. Some railroad workers have developed occupational illnesses that are difficult to identify and treat. Railroad workers who develop a disease or illness that is a result of their work should seek out a seasoned 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 serious injuries. Injuries caused by negligence on the part of a train company can render it impossible to return to work and result in huge medical expenses. In these cases railroad workers who have been injured are entitled to compensation under the Federal Employees Liability Act (FELA).
The statute of limitations for FELA is three years from the date of the injury or death. However, it takes time to examine and determine the severity of an injury. If a worker does not seek legal action within a three-year period the case is likely to be dismissed by the court.
In a FELA lawsuit, proving the railroad was negligent is simpler than in traditional personal injury claims. This is because a person must prove that the railroad's negligence led to the injuries. Railroad companies claim negligence in a comparative manner to avoid liability for injuries.
Get in touch with an experienced Chicago railroad injury lawyer to protect the railroad employee's FELA claim. A lawyer who is knowledgeable will start investigating the case right away. This normally involves taking photographs of the scene of the accident, interviewing witnesses and inspecting the equipment or tools that caused the injury. As time is passed the process of establishing an FELA case becomes more difficult because witnesses may forget or evidence may disappear.