Railroad Lawsuits For Asthma and Silicosis
Rail employees are exposed to a variety dangerous situations on the job. These exposures can cause serious illnesses, including cancer or silicosis. It could take years for these illnesses to develop.
Many coal miners have been affected by the disease known as black lung, or pneumoconiosis. Many of these miners are fighting for benefits.
Asthma
Railroad workers are often exposed to diesel fumes, which can cause a myriad of health issues. Poor ventilation, the accumulation of soot in cabs for trains and the work that is performed in conjunction with operating locomotives can increase the likelihood of developing asthma or other respiratory disorders. Even mild asthma can impact the ability of railroad workers to complete certain tasks. The condition can be so severe that it can leave a formerly dependable railroad worker unable to work at all. A New York railroad lawyer can assist railway workers suffering from these conditions to seek financial compensation.
FELA claims allow plaintiffs to pursue compensation for the negative effects their asthma has had on their life including the expense of medication, lost wages and other economic losses. To be successful in a FELA claim, an employee must prove that their injuries were caused by an occupational exposure.
Residents living in the vicinity of the railyard of CSX in Lawrence County, Pennsylvania filed a FELA lawsuit alleging that a lot of coal dust drifts out of the facility and covers homes and cars. According to the lawsuit, the dust causes irritation to residents' eyes and lungs. The lawsuit asserts that CSX releases cancer-causing vinylchloride, and burns it, which may pollute local water supplies.
Cancer
Cancer can manifest in various ways, including genetics or lifestyle choices. But it can be caused by exposure to harmful chemicals. For instance, exposure to vinyl chloride, which is a chemical that the Environmental Protection Agency classifies as carcinogens, can increase one's chances of developing liver cancer or any other organ damage. railroad cancer lawsuit who work in factories manufacturing vinyl products or other chemicals could be exposed to toxic substances that can be released into the air as a result of manufacturing or transportation.
Another cancer-causing chemical is asbestos which is present in the insulation used in rail cars as well as in many other products. Asbestos exposure could lead to mesothelioma, which is a type of lung cancer that is typically fatal. Anyone who develops mesothelioma due exposure to asbestos should consult an expert railroad attorney.
A court has decided that retired railroad workers who is disabled because of lung diseases such as black lung may be eligible for disability benefits. The 4th U.S. The 4th U.S. Roberson's work required him connect and disconnect high-pressure air hoses that were placed between coal cars. This caused coal dust to be expelled into the air.
Injuries
The railroad industry is a dangerous job that can lead to shocking injuries or damage to your health from wear and tear. Unlike most workers, railroad employees are covered by FELA (Federal Employers Liability Act) which was enacted in 1908, which enables employees to sue their employers for compensation following a workplace accident.
Railroads must take reasonable care in the use of their property. They are required to protect it from dangerous conditions that could result in injury to drivers or pedestrians on roads traversed by rail lines. Railroads must also warn pedestrians and drivers of the presence of railroad tracks and vehicles. They also must ensure a high degree of safety for anyone who enters and traverses their railroad property.
Train yards and coal mines produce toxic dust and fumes that can irritate or cause permanent damage to the lungs of workers, eyes ears, nose, and throat. These dangerous conditions can be caused by poorly maintained equipment, or by the burning of coal silica and silica found in locomotive sandhoppers or asbestos, in older trains.
Cancer can be caused by exposure to carcinogens such as benzene and chemical solvents. Certain railroad workers have been diagnosed with occupational diseases that are difficult diagnose and treat. Railroad workers who suffer from an illness or condition that is related to their job should seek out a seasoned railroad injury lawyer to find out about their legal options.
Claims of FELA
Railroad workers are skilled and are required to perform specific tasks which can result in catastrophic injuries. Accidents caused by negligence could stop a worker from returning to work, and result in massive medical bills. In these instances railroad workers who have been injured are entitled to compensation under the Federal Employees Liability Act (FELA).
The time limit for FELA is three years following the date of the injury or death. However, it takes time to fully examine and determine the severity of an injury. If a worker fails to seek legal action within a three-year period, the case will likely be dismissed by the court.
In the case of a FELA suit, the burden of proving negligence by railroads is less complicated than a traditional personal injury claim. The plaintiff only has to prove that the railroad's negligence caused their injury. However, railroad companies frequently argue that they are not accountable for the injuries they cause by claiming that they were negligent in a comparative manner.
The most effective way to protect the rights of railroad workers' FELA claim is to speak with an experienced Chicago railroad injury lawyer. A knowledgeable lawyer will start investigation right away. This usually involves taking photographs of the accident scene and interviewing witnesses. It may also involve inspecting the tools used in the injury. As time is passed the process of establishing the basis of a FELA case is more difficult since witnesses may forget or evidence might disappear.