Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed hazardous situations on the job. These exposures can lead to serious illnesses, including cancer or silicosis. Many of these diseases are a long time to develop.
The pneumoconiosis disease, also known as black lung, has affected thousands of coal miners. Some of them are now fighting for benefits.
Asthma
Diesel fumes are a frequent exposure for railroad workers and they can trigger serious health issues. Poor ventilation, the collection 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 ailments. Even mild asthma may affect the ability of railroad employees to perform certain tasks. A severe case of asthma can make a previously reliable railroad worker in a position where they are unable to work. A New York railroad lawyer can help railway workers with these conditions in pursuing financial compensation.
FELA claims allow plaintiffs to seek compensation from the government for any negative impact their asthma has on their lives, such as the cost associated with medication as well as lost wages and other economic losses. However, a successful FELA claim must be substantiated by a worker who proves that their injuries were the result of exposure to work.
One FELA lawsuit filed by residents of the region near CSX's railyard in Lawrence County, Pennsylvania alleges that a large amount of coal dust flows from the facility and is a nuisance to houses and cars. According to the lawsuit the dust irritates the eyes and lungs of residents. The lawsuit states that CSX releases cancer-causing vinylchloride, and burns it, which can be harmful to water sources in the area.
Cancer
Cancer can be caused in different ways, such as genetics or lifestyle choices. It can also be caused through exposure to toxic chemicals. For instance, exposure to vinyl chloride (a chemical classified as carcinogens by the Environmental Protection Agency) can increase the risk of developing liver or other organ damage. In other words, workers 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.
Another example of a cancer-causing substance is asbestos, which is found in the insulation used in rail cars, as well as in a variety of other products. Asbestos exposure can lead to mesothelioma. It is a form of lung cancer that is generally fatal. Those who develop mesothelioma due to asbestos exposure should contact an experienced railroad lawyer.
A court has determined that a retired railroad worker who is disabled due to lung disease known as black lung may be entitled to disability benefits. The 4th U.S. The 4th U.S. Roberson's work required him to connect and disconnect high-pressure air pipes that were positioned between coal cars. This caused coal dust to be blown into the air.
Injuries
Railroad work is a risky job that can cause shocking injuries or the effects of wear-and-tear over time. class action lawsuit against norfolk southern railroad , unlike many workers, are covered by FELA, the Federal Employers Liability Act which was passed in 1908. This enables employees to sue for compensation should they suffer a mishap during their work.
Railroad tracks that traverse roads must be maintained in a safe condition. Railroads also must warn drivers and pedestrians of the presence of their tracks and railroad cars and must maintain an excellent safety standard for the people who cross or enter their railroad property.
Train yards, coal mines, and other industrial sites may produce toxic dust and fumes that can cause irritation or permanent damage to the lungs, nose, ears, and throat of workers. These hazardous conditions can be caused by machinery that is not properly maintained, or by the combustion of coal, silica in the hoppers of locomotives and asbestos on older trains.
Cancer can also be caused by exposure to carcinogens such as benzene and chemical solvents. Some railroad workers have been diagnosed with occupational cancers that can be difficult to detect and treat. Railroad workers who suffer from an illness or disease that is caused by work should consult a knowledgeable railroad injury lawyer to learn about their legal options.
FELA Claims
Railroad workers are entrusted with very specific and specialized jobs that could result in catastrophic injuries. The result of injuries caused by negligence on the part of a railroad company could make it impossible to return to work and can result in huge medical bills. In these cases, injured railroad workers are entitled to compensation through the Federal Employees Liability Act (FELA).
The statute of limitations for FELA is three years following the date of injury or death. However it takes time to fully evaluate and recognize an injury. If an employee fails to take legal action in the time frame of three years, the court is likely to dismiss the case.
In a FELA suit, the proof of negligence by the railroad is less complicated than a traditional personal injury claim. This is because a worker must prove that negligence by the railroad contributed to the injuries. Railroad companies have a claim to that they are negligent in a way to avoid liability for injuries.
Contact an experienced Chicago railroad injury lawyer to defend a railroad employee's FELA claim. A seasoned attorney will begin looking into the matter right away. This usually involves taking photos of the accident scene, interviewing witnesses and inspecting the tools or equipment involved in the injury. As time passes, it becomes harder to establish the basis for a FELA claim as evidence could disappear or witness memories fade.