Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed dangers on the job. These exposures can lead to serious illnesses, like cancer or silicosis. Many of these diseases are a long time to develop.
The pneumoconiosis disease, also known as black lung, has affected thousands of coal miners. Many of these miners are now fighting for benefits.
Asthma
Railroad workers are often exposed to diesel fumes which can trigger a range of health issues. Poor ventilation, the collection of soot within train cabs and working alongside operating locomotives can increase the likelihood of developing asthma or other respiratory ailments. Even mild asthma may affect the ability of railroad employees to perform certain tasks. A severe case of asthma can render a previously reliable railroad worker unable to work at all. A New York railroad lawyer can assist railroad workers suffering from these conditions in pursuing financial recovery.
FELA claims allow plaintiffs to pursue compensation for any negative impacts their asthma has had on their lives which includes the cost of medications, lost wages and other economic losses. However for a successful FELA claim requires that the worker prove the cause of their injuries was an occupational exposure.
One FELA lawsuit filed by residents of the area around the rail yard of CSX in Lawrence County, Pennsylvania alleges that an unreasonable amount of coal dust flows from the facility and is a nuisance to homes and cars of residents. The lawsuit asserts that the dust can irritate residents' eyes and the 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 caused by a range of factors such as genetics and lifestyle choices. It can also be caused by exposure to harmful chemicals. For instance, regular exposure to vinyl chloride, a substance that the Environmental Protection Agency classifies as carcinogen, may increase the risk of developing liver cancer, or other organ damage. In factories, workers that produce vinyl products and other chemicals could be exposed to toxic substances that are released into the air as a result of manufacturing or transportation.
Asbestos is another cancer-causing substance. It is used in rail cars, as well as numerous other products. Asbestos can cause mesothelioma - which is a lung cancer that generally is fatal. People who develop mesothelioma thanks to asbestos exposure must get in touch with an experienced railroad lawyer.
A retired railroad worker who was afflicted due to a lung disease referred to as black lung could be eligible for disability benefits, a judge has declared. 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 that are usually paid to coal miners suffering from the same condition. Roberson's work required him to connect and disconnect high pressure air hoses to coal cars, which expelled coal dust into the air.
Injuries
Railroad work is a risky job that can lead to unexpected injuries or health damage from cumulative wear-and-tear. Railroad employees, unlike most workers, are covered under FELA, the Federal Employers Liability Act that was passed in 1908. This enables them to sue for compensation in the event that they suffer an accident at work.
Rail lines that cross roads must be maintained in a safe and secure condition. Railroads also have to inform pedestrians and drivers of the presence of their tracks and railroad cars, and must maintain an excellent safety standard for those who cross or enter their railroad property.
Coal mines, train yards, and other industrial sites may generate toxic fumes and dust that can cause irritation or permanent damage to the nose, lungs and throat of workers. These dangerous conditions can be caused either by equipment that isn't maintained properly, or by the burning of coal, silica, in locomotive sandhoppers or asbestos, on older trains.
Exposure to carcinogens like benzene, chemical solvents and welding fumes could cause cancer. csx railroad lawsuit have been diagnosed with occupational cancers that are difficult to identify and treat. If a worker on the railroad develops an illness or disease that is related to work or injury, they should consult a knowledgeable railroad injury lawyer to find out more about their legal options.
Claims involving FELA
Railroad workers have very specific and specialized jobs that may cause catastrophic injuries. The result of injuries caused by the negligence of a railroad company could render it impossible to return to work and result in enormous medical bills. In these instances railroad employees who are injured are entitled to compensation under the Federal Employees' Liability Act (FELA).
The time limit for FELA is three years from the date of injury or death. However it takes time to examine and determine the severity of an injury. If an employee fails to take legal action in the time frame of three years, the court is likely to dismiss the case.
In a FELA suit, the burden of proving negligence by railroads is much easier than the traditional personal injury case. This is because a victim must prove that negligence on the part of the railroad contributed to his or her injuries. However, railroads often claim that they aren't liable for the injury by claiming negligence in the context of comparative.
Consult an experienced Chicago railroad injury lawyer to defend the railroad employee's FELA claim. A knowledgeable lawyer will begin investigating the case immediately. This usually involves taking photos of the accident scene as well as interviewing witnesses and examining the tools or equipment that caused the injury. As time is passed the process of establishing a FELA case is more difficult since witnesses might forget or evidence might disappear.