Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed to many dangerous situations on the job. These exposures can lead to serious illnesses, like cancer or silicosis. A lot of these illnesses take years to develop.
Black lung disease or pneumoconiosis has affected thousands of coal miners. Some of these miners are now fighting to obtain benefits.
Asthma
Railroad workers are frequently exposed to diesel fumes, which can trigger a range of debilitating health problems. Poor ventilation, the 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 affect the ability of railroad workers to complete certain tasks. A severe case of asthma can render a once reliable railroad worker unable to work at all. With the help of a New York railroad asthma lawyer both former and current railroad workers who suffer from these types of conditions may be eligible for financial recovery through an effective FELA claim.
FELA claims permit plaintiffs to claim compensation for any negative impact their asthma has had on their lives, including the cost of medication, lost wages and other economic losses. To be successful in a FELA claim, a worker must prove that their injuries were caused by an occupational exposure.
Residents of the area around CSX's railyard in Lawrence County, Pennsylvania filed a FELA lawsuit claiming that a lot of coal dust erupts out of the facility and covers homes and cars. According to the lawsuit, the dust irritates residents' eyes and lungs. The lawsuit also claims CSX releases and burns cancer-causing vinyl chloride, which can pollute the water supply locally.
Cancer
Cancer can be caused in many ways, including genetics or lifestyle choices. It can also be caused through exposure to harmful chemicals. For instance exposure to vinyl chloride (a chemical that is classified as carcinogen by the Environmental Protection Agency) can increase your risk of developing liver or other organ damage. In other words, those working in factories that produce vinyl products or other chemicals may 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, as well as various other products. Asbestos may cause mesothelioma. an air-borne cancer that usually is fatal. Anyone who develops mesothelioma due to asbestos exposure should seek out an experienced railroad attorney.
A retired railroad worker who was struck down by a lung disease known 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 join and disengage high pressure air hoses that were connected to coal vehicles, a procedure that caused coal dust to be blown into the air.
Injuries
The railroad industry is a risky one. It is prone to abrupt trauma or chronic health harm. Unlike union pacific railroad lawsuit , railroad workers are covered under FELA (Federal Employers Liability Act) which was enacted in 1908, which permits employees to sue their employers for compensation following a workplace accident.
Railroads must employ reasonable care when operating of their property and must protect it from dangerous conditions that could cause injury to pedestrians or drivers on roads that are crossed by rail lines. Railroads must also inform pedestrians and drivers of the presence of their railroad cars and tracks and must ensure the highest standards of safety for the people who cross or enter their railroad property.
Coal mines and train yards emit toxic dust and fumes which can cause permanent harm or irritation to the lungs of workers' eyes and ears, nose, and throat. These dangerous conditions are caused by machinery that is not properly maintained, or by the combustion of coal, silica in locomotive sand hoppers and asbestos in older trains.
Exposure to carcinogens, such as benzene, chemical solvents and welding fumes may cause cancer. Some railroad workers have developed occupational diseases that are difficult identify and treat. Railroad workers who develop an illness or condition that is related to their job should contact an experienced railroad injury lawyer for advice about their legal options.
Claims involving FELA
Railroad workers are required to perform very specific and specialized jobs that can result in catastrophic injuries. Injuries caused by negligence could prevent a worker from returning to work and can result in huge medical expenses. In these situations railroad workers who have been injured have a right to compensation under the Federal Employees Liability Act (FELA).
The FELA statute of limitations 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 fails to take legal action within the three-year period, the case will likely be dismissed by the court.
In cancer lawsuits , proving the railroad was negligent is more straightforward than traditional personal injury claims. This is due to the fact that a plaintiff must only show that the railroad's negligence led to their injuries. Railroad companies assert comparative negligence to avoid liability for injuries.
The most effective method to protect the rights of a railroad worker's FELA claim is to consult with an experienced Chicago railroad injury lawyer. A seasoned attorney will begin investigation right away. This normally involves taking photographs of the scene of the accident as well as interviewing witnesses and examining the equipment or tools involved in the injury. As time is passed, it becomes more difficult to establish a FELA claim as evidence could disappear or memories of witnesses fade.