Railroad Lawsuits For Asthma and Silicosis
Railroad workers often face dangerous exposures on the job. These exposures can lead to serious illnesses, such as cancer or silicosis. Many of these diseases require years of development.
Black lung disease or pneumoconiosis has affected 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 accumulation of soot in cabs for trains and the work done alongside operating locomotives can increase the risk of developing asthma or other respiratory conditions. Even mild asthma may affect a railroad worker's ability perform certain tasks. A severe case of asthma can render a once reliable railroad worker unfit to work at all. With the assistance of an New York railroad asthma lawyer both former and current railroad employees who suffer from these types of conditions may be eligible for financial recovery 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 cost 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 an occupational exposure.
Residents of the area around the CSX railyard in Lawrence County, Pennsylvania filed a FELA lawsuit alleging that an excessive amount of coal dust has escaped out of the plant and covers cars and homes. According to the lawsuit the dust causes irritation to residents' lungs and eyes. The lawsuit asserts that CSX releases the cancer-causing vinylchloride and then burns it, which could be harmful to water sources in the area.
Cancer
Cancer can be caused by different ways, such as genetics or lifestyle choices. It can also be caused through exposure to toxic chemicals. For instance, routine exposure to vinyl chloride (a chemical that the Environmental Protection Agency classifies as carcinogen, may increase the chance 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 as a result of production or transport.
Another cancer-causing substance is asbestos that is found in insulation used on rail cars as well as in many other products. Asbestos exposure can lead to mesothelioma which is a type lung cancer that is typically fatal. Patients who develop mesothelioma as a result exposure to asbestos need to contact an experienced railroad attorney.
A court has ruled that a retired railroad worker who is disabled due to a lung condition known as black lung may be eligible for disability benefits. The 4th U.S. Circuit Court of Appeals upheld conclusions of an administrative law judge as well as the Benefits Review Board that Olen Roberson was entitled to benefits typically given to coal miners suffering from the same disease. Roberson's job required him connect and disconnect high pressure air hoses between coal vehicles, a procedure that blew coal dust into the air.
Injuries
The railroad industry is a hazard one. It can cause sudden trauma or cumulative health harm. Like most workers, railroad employees are protected by FELA (Federal Employers Liability Act) which was enacted in 1908, which enables them to sue their employer to recover compensation following an workplace accident.
Rail lines that traverse roads must be maintained in a safe condition. Railroads are also required to warn pedestrians and drivers of the presence of railroad tracks and cars. They must also maintain a high degree of safety for anyone who enters or traverses their railroad property.
Coal mines, train yards, and other industrial sites may produce toxic fumes and dust that can cause irritation or permanent damage to the lungs, nose or ear, as well as the 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.
Cancer can be caused through exposure to carcinogens like as benzene and chemical solvents. Certain railroad workers have developed occupational diseases that are difficult to identify and treat. Railroad workers who develop a disease or illness that is a result of their work should contact an experienced railroad injury lawyer to learn about their legal options.
Claims for FELA
Railroad workers are specialized and have very specific jobs that can result in serious injuries. Accidents caused by negligence could prevent a worker from returning to work, and could result in massive medical bills. In these situations railroad workers who have been injured are entitled to compensation under the Federal Employees Liability Act (FELA).
The statute of limitations for FELA is three years from the date of the injury or death. However it takes time to evaluate and recognize an injury. If a person does not initiate legal action within the three years, the case will likely be dismissed by the court.
In the case of a FELA suit, proving negligence by the railroad is less complicated than the traditional personal injury case. This is due to the fact that a plaintiff must prove that negligence on the part of the railroad contributed to his or her injuries. However, railroads often claim that they are not accountable for the injuries by claiming that they were negligent in a comparative manner.
Get in lawsuits against union pacific railroad with an experienced Chicago railroad injury lawyer to safeguard the railroad employee's FELA claim. An experienced lawyer will begin investigating the case as soon as possible. This typically involves taking photographs of the scene of the accident as well as interviewing witnesses. It could also involve reviewing the tools used in the injury. As time is passed, it becomes more difficult to prove a FELA claim because evidence may disappear or memories of witnesses fade.