Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed to a variety of hazardous situations on the job. These exposures can result in serious illnesses, like cancer or silicosis. Many of these diseases take years to develop.
Black lung disease or pneumoconiosis has affected thousands of coal miners. Many of them are now fighting to get benefits.
Asthma
Railroad workers are frequently exposed to diesel fumes which can cause a myriad of debilitating health problems. Poor ventilation, accumulation of soot in train cabs, and working with locomotives can increase the chance of a worker suffering from respiratory or asthma-related conditions. Even an asthma-like condition that is mild could limit a railroad employee's ability to perform certain jobs. A severe case of asthma can render a previously reliable railroad worker in a position where they are unable to work. With the help of a New York railroad asthma lawyer who is a former and current railway employees suffering from these conditions might be eligible to seek financial compensation through a successful FELA claim.
FELA claims allow plaintiffs to seek compensation for the negative effects their asthma has had on their life including the expense of medications, lost wages and other economic losses. To be successful in a FELA claim, a person must prove that their injuries were the result of a work-related exposure.
Residents of the area surrounding the railyard of CSX in Lawrence County, Pennsylvania filed a FELA lawsuit claiming that a significant amount of coal dust is emitted out of the plant and covers cars and homes. According to the lawsuit the dust can cause irritation to the eyes and lungs of residents. The lawsuit also states that CSX releases and burns cancer-causing vinyl chloride which can pollute the local water supply.
Cancer
Cancer can be triggered in different ways, such as genetics or lifestyle choices. It can also be caused through exposure to harmful chemicals. For instance, exposure to vinyl chloride (a chemical classified as a carcinogen by the Environmental Protection Agency) can increase your risk of developing liver or other organ damage. Workers in factories producing vinyl products as well as other chemicals could be exposed to toxic chemicals that are released into air due to manufacturing or transportation.
Another cancer-causing chemical is asbestos, which is found in the insulation used on rail cars and in a number of other products. Asbestos is a cause of mesothelioma. the lung cancer that typically is fatal. If you develop mesothelioma as result of asbestos exposure, consult an experienced railroad lawyer.
A retired railroad worker who was disabled by a lung illness known as black lung may be entitled to disability benefits, a court has declared. The 4th U.S. The 4th U.S. Roberson's work required him connect and uncouple high-pressure air hoses which were connected to coal automobiles. This caused coal dust to be blown into the air.
Injuries
Working on the railroad is a risky job that could result in unexpected injuries or the effects of wear-and-tear over time. In contrast to other workers, railroad workers are protected by FELA (Federal Employers Liability Act) which was passed in 1908 and allowing them to sue their employer for compensation following a workplace accident.
Rail lines that cross roads need to be maintained in a safe state. Railroads also have to inform drivers and pedestrians 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.
Train yards, coal mines and other industrial sites can produce 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 machinery that is not properly maintained, or by the combustion of silica, coal, locomotive sand hoppers and asbestos on older trains.
Cancer can also be caused by exposure to carcinogens, such as benzene and chemical solvents. Certain railroad workers have been diagnosed with occupational ailments that are difficult to identify and treat. Railroad workers who develop an illness or disease that is caused by work should contact an experienced railroad injury lawyer for advice about their legal options.
Claims of FELA
Railroad workers are highly skilled and have very specific jobs, which can lead to devastating injuries. Accidents caused by negligence on the part of a train firm can make it impossible for a worker to return to work, and could result in huge medical bills. In these instances railroad employees who are injured have a right to be compensated under the Federal Employees' Liability Act (FELA).
The time limit for FELA is three years after the date of the accident or death. However it takes time to fully evaluate and recognize an injury. If a worker does not pursue legal action within the time frame of three years, the judge will likely to dismiss the case.
In a FELA suit, proving negligence by the railroad is less difficult than in a traditional personal injury claim. class action lawsuit against norfolk southern railroad has to prove that the railroad's negligence caused his or her injury. But, railroad companies often argue that they are not responsible for injuries caused by claiming negligence in the context of comparative.
Get in touch with an experienced Chicago railroad injury lawyer to safeguard the railroad employee's FELA claim. A seasoned lawyer will begin investigating the case immediately. This usually involves taking photos of the accident scene and interviewing witnesses, as well as examining the equipment or tools that caused the injury. As time goes by, it gets more difficult to establish a FELA claim due to evidence that could disappear or memories of witnesses fade.