Railroad Lawsuits For Asthma and Silicosis
Railroad workers are frequently exposed to risky exposures while working. These exposures can lead to serious illnesses like cancer and the silicosis. A lot of these illnesses can take years to develop.
The pneumoconiosis or black lung disease has afflicted thousands of coal miners. Some of these miners are fighting for benefits.
Asthma
Diesel fumes are a typical exposure for railroad workers and they can cause serious health issues. Poor ventilation, the collection of soot inside train cabs and work performed alongside operating locomotives can all increase the risk of developing asthma or other respiratory illnesses. Even a mild case of asthma can limit a railroad employee's ability to do certain tasks. Severe cases of the condition can make a previously reliable railroad worker not able to work at all. With the help of a New York railroad asthma lawyer who is a former and current railway employees who suffer from these types of conditions could be eligible for financial recovery through a successful FELA claim.
FELA claims permit plaintiffs to claim compensation for any negative impact their asthma has had on their life such as the cost of medications, lost wages and other economic losses. To be successful in a FELA claim, a worker must prove that their injuries were the result of a work-related exposure.
One FELA lawsuit filed by residents of the region around the rail yard of CSX in Lawrence County, Pennsylvania alleges that a large amount of coal dust drifts from the facility and covers homes and cars. The lawsuit asserts that the dust can irritate residents' eyes as well as lungs. The lawsuit also claims CSX releases and burns cancer-causing vinyl chloride, which can be harmful to the water supply of the area.
Cancer
Cancer can be caused by a variety of factors, including genetics and lifestyle choices. However, it could also be the result of exposure to toxic chemicals. For instance, a regular exposure to vinyl chloride, a substance that the Environmental Protection Agency classifies as carcinogens, can increase one's chances of developing liver cancer or other organ damage. People who work in factories that produce vinyl products and other chemicals may be exposed to harmful substances that can be released into the air due to production or transport.
Another cancer-causing substance is asbestos, which is found in insulation that is used on rail cars and in a number of other products. Asbestos exposure can lead to mesothelioma, which is a type of lung cancer that is generally fatal. railroad cancer lawsuit who develops mesothelioma due to asbestos exposure must contact an knowledgeable railroad lawyer.
A retired railroad worker who was struck down by a lung disease known as black lung may be eligible for disability benefits, a judge has decided. The 4th U.S. The 4th U.S. Roberson's job required him to couple and uncouple high pressure air hoses between coal cars, a process that blew coal dust into the air.
Injuries
The railroad industry is a risky job that could result in shocking injuries or health damage from cumulative wear-and-tear. As opposed to most workers, railroad workers are protected by FELA (Federal Employers Liability Act), passed in 1908, which allows employees to sue their employers for compensation after a workplace accident.
Railroad tracks that cross roads have to be maintained in a safe state. Railroads also need to inform pedestrians and drivers of the presence of railroad tracks and cars. They also must ensure a high degree of safety for anyone who enters or traverses their railroad property.
Train yards, coal mines and other industrial sites generate toxic fumes and dust that can cause irritation or permanent damage to the nose, lungs and throat of workers. These dangerous conditions could be caused by poorly maintained machinery or the combustion of coal, silica in locomotive sand hoppers and asbestos in older trains.
Exposure to carcinogens such chemical solvents, benzene and welding fumes can cause cancer. Certain railroad workers have developed occupational cancers that can be difficult to detect and treat. If a railway worker suffers an illness or disease caused by work and needs to seek out a seasoned railroad injury lawyer to learn more about their legal options.
Claims for FELA
Railroad workers are skilled and have specific jobs, which can lead to serious injuries. Accidents caused by negligence on the part of a train company may render it impossible to return to work and can result in huge medical expenses. In these cases railroad workers injured by negligence are entitled to compensation through the Federal Employees Liability Act (FELA).
The statute of limitations for FELA is three years from the date of injury or fatality. However, it takes time to fully examine and determine the severity of an injury. If a worker does not initiate legal action within the time frame of three years, the judge will likely to dismiss the case.
In the case of a FELA suit, the burden of proving negligence by railroads is easier than in a traditional personal injury claim. This is because a victim must prove that negligence by the railroad contributed to his or her injuries. However, railroad companies frequently claim that they are not accountable for the injuries by claiming that they were negligent in a comparative manner.
Get in touch with an experienced Chicago railroad injury lawyer to protect a railroad employee's FELA claim. A knowledgeable lawyer will begin looking into the matter right away. This typically involves taking photographs of the scene of the accident and interviewing witnesses, as well as examining the tools or equipment that caused the injury. As time goes by, establishing the basis of a FELA case becomes more difficult due to the fact that witnesses may forget or evidence may disappear.