Railroad Lawsuits For Asthma and Silicosis
Railroad workers are often exposed to dangerous exposures while working. These exposures can lead to serious diseases like cancer and the silicosis. union pacific railroad lawsuit can take years for these diseases to develop.
The pneumoconiosis or black lung disease has affected thousands of coal miners. Some of them are now fighting to get benefits.
Asthma
Diesel fumes are a common exposure for railroad workers and they can lead to serious health issues. Poor ventilation, the accumulation of soot inside train cabs and the work that is performed in conjunction with operating locomotives can all increase a worker's risk of developing asthma or other respiratory conditions. Even an asthma-like condition that is mild can hinder a railroad worker's ability to do certain tasks. A severe case of asthma can render a once-dependable railroad worker incapable of working at all. A New York railroad lawyer can assist railway workers suffering from these conditions to seek financial compensation.
FELA claims enable plaintiffs to seek compensation from the government for any negative impact the asthma they suffer has on their lives, including the cost associated with medication as well as lost wages and other economic loss. To be successful in a FELA claim, a worker must prove that their injuries were caused by a work-related exposure.
One FELA lawsuit filed by residents living surrounding CSX's rail yard in Lawrence County, Pennsylvania alleges that an excessive amount of coal dust flows from the facility and covers people's cars and houses. According to the lawsuit the dust can cause irritation to residents' lungs and eyes. The lawsuit claims that CSX releases cancer-causing vinylchloride. It also burns it, which can be harmful to water sources in the area.
Cancer
Cancer can manifest in many ways, including genetics or lifestyle choices. However, it can also be the result of exposure to certain toxic chemicals. For instance, exposure to vinyl chloride, a chemical that the Environmental Protection Agency classifies as a carcinogen, can increase the chance of developing liver cancer, or other organ damage. In other words, workers working in factories that produce vinyl products or other chemicals could be exposed to toxic substances that are released into the air during the process of production or transportation.
Another example of a cancer-causing substance is asbestos which is present in the insulation that is used on rail cars as well as in many other products. Asbestos can cause mesothelioma, an air-borne cancer that usually is fatal. If you develop mesothelioma as the result of asbestos exposure, speak with an experienced railroad lawyer.
A court has determined that a retired railroad worker who is disabled because of lung disease known as black lung may be eligible for disability benefits. The 4th U.S. Circuit Court of Appeals upheld findings by an administrative law judge as well as the Benefits Review Board that Olen Roberson was entitled to benefits that are usually paid to coal miners who suffer from the same illness. Roberson's job required him connect and uncouple high-pressure hoses that were placed between coal cars. This caused coal dust to be blown into the air.
Injuries
The railroad industry is a hazardous one. It is prone to sudden injuries or even cumulative health injuries. As opposed to most workers, railroad employees are covered under FELA (Federal Employers Liability Act) that was passed in 1908, which permits them to sue their employer to recover compensation following an workplace accident.
Railroads are obliged to take reasonable care in the use of their property. They are required to protect it from dangerous conditions that could result in injuries to pedestrians or drivers on roads crossed by rail lines. Railroads also must warn drivers and pedestrians of the presence of their railroad cars and tracks and must maintain an excellent safety standard for those who cross or enter 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 machinery, or by the burning of coal, silica in asbestos sand hoppers for locomotives, and asbestos on older trains.
Cancer can also be caused through exposure to carcinogens such as benzene and chemical solvents. Certain railroad workers have been diagnosed with occupational diseases that are difficult identify and treat. Railroad workers who suffer from an illness or condition that is related to their job must consult an experienced railroad injury lawyer to find out about their legal options.
Claims for FELA
Railroad workers perform extremely specific and specialized jobs that can cause severe injuries. cancer lawsuits caused by negligence could keep a worker from returning to work, and could result in huge medical expenses. In these instances railroad workers 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 injury or death. union pacific railroad lawsuit takes time to fully examine and determine the severity of 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 lawsuit, proving the railroad was negligent is much simpler than in traditional personal injury claims. This is because a victim must prove that the railroad's negligence contributed to his or her injuries. But, railroad companies often claim that they are not liable for the injury by claiming that they were negligent in a comparative manner.
The most effective method to protect the railroad worker's FELA claim is to talk with an experienced Chicago railroad injury lawyer. An experienced lawyer will begin investigating the situation immediately. This usually involves taking photographs of the scene of the accident and interviewing witnesses. It could also involve checking the equipment used in the injury. As time passes the process of establishing the facts of a FELA case becomes more difficult due to the fact that witnesses might forget or evidence may disappear.