Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed to a variety of hazardous situations while working. These exposures can lead to serious illnesses, such as cancer and silicosis. Many of these diseases take years to develop.
Black lung disease or pneumoconiosis has affected thousands of coal miners. Many of these miners are now fighting for benefits.
Asthma
Diesel fumes are a typical exposure for railroad workers and they can lead to serious health problems. Poor ventilation, accumulation of dust in train cabs, and working with locomotives can increase the risk of an employee developing respiratory issues or asthma. Even a mild case of asthma can hinder a railroad worker's capacity to perform certain tasks. A severe case of asthma can render a previously reliable railroad worker incapable of working at all. With the assistance of a New York railroad asthma lawyer, current and former railway workers who suffer from these conditions might be eligible to seek financial compensation through an effective FELA claim.
FELA claims allow plaintiffs to pursue compensation for the negative effects their asthma has had on their life, including the cost of medication, lost wages, and other economic losses. However, a successful FELA claim is based on the fact that a person has proved their injuries were caused by exposure to work.
Residents living in the vicinity of the CSX railyard in Lawrence County, Pennsylvania filed a FELA lawsuit claiming that a large amount of coal dust is emitted out of the facility and covers homes and cars. The lawsuit asserts that the dust can irritate residents' eyes as well as the lungs. The lawsuit also states that CSX releases and burns cancer-causing vinyl chloride which can contaminate the water supply locally.
Cancer
Cancer can be triggered in different ways, such as genetics or lifestyle choices. But it can be caused by exposure to harmful chemicals. For instance, routine exposure to vinyl chloride, a substance that the Environmental Protection Agency classifies as carcinogens, may increase one's chances of developing liver cancer or another organ damage. Also, those who work in factories that produce vinyl products or other chemicals can be exposed to harmful substances that are released into the air during production or transport.
Asbestos is yet another cancer-causing ingredient. It is used in rail cars, as well as many other products. Asbestos exposure can cause mesothelioma, a form of lung cancer that is typically fatal. If you develop mesothelioma as result of asbestos exposure, consult an experienced lawyer for railroads.
A retired railroad worker who was affected by a lung condition known as black lung could be eligible for disability benefits, a judge has determined. The 4th U.S. Circuit Court of Appeals upheld conclusions of an administrative law judge and the Benefits Review Board that Olen Roberson deserved the benefits that are generally paid to coal miners suffering from the same disease. Roberson's job required him to join and disengage high pressure air hoses that were connected to coal automobiles, a process that expelled coal dust into the air.
Injuries
The railroad industry is a dangerous one. It could cause sudden injuries or even cumulative health damage. Railroad employees, in contrast to other workers, are covered by FELA which is the Federal Employers Liability Act, that was passed in 1908. This allows them to sue for compensation should they suffer a mishap while at work.
class action lawsuit against union pacific railroad are obliged to employ reasonable care in the operation of their property. They are required to ensure that it is free of dangerous conditions that could result in injury to drivers or pedestrians on roads that are crossed by rail lines. Railroads must also inform drivers and pedestrians of the presence of railroad tracks and vehicles. They must also ensure the highest level of security for anyone who enters and crosses their railroad property.
Train yards, coal mines, and other industrial sites may emit toxic fumes and dust that can cause irritation or permanent damage to the lungs, nose, ears, and throat of workers. These hazardous conditions can be caused by poorly maintained machinery, or by the burning of silica, coal, the hoppers of locomotives and asbestos in older trains.
Exposure to carcinogens such as benzene, chemical solvents and welding fumes could cause cancer. Certain railroad workers have developed occupational diseases that are difficult identify and treat. Railroad workers who develop an illness or condition that is related to their job should contact an experienced railroad injury lawyer to learn about their legal options.
Claims involving FELA
Railroad workers have very specific and specialized tasks that can cause catastrophic injuries. Accidents 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 are entitled to compensation under the Federal Employees Liability Act (FELA).
The statute of limitations for FELA is three years from the date of injury or fatality. It takes time to fully examine and determine the severity of an injury. If an employee fails to initiate legal action within the three-year timeframe, the court will likely dismiss the case.
In a FELA lawsuit, proving the railroad was negligent is more straightforward than traditional personal injury lawsuits. The worker only needs to show that the railroad's negligence caused their injury. Railroad companies claim comparative negligence to avoid liability for injuries.
Contact an experienced Chicago railroad injury lawyer to protect a railroad employee's FELA claim. A knowledgeable lawyer will begin looking into the matter right away. This typically involves taking photographs of the scene of the accident and interviewing witnesses. It could also involve inspecting the tools employed in the accident. As time goes by the process of establishing an FELA case becomes more difficult because witnesses might forget or evidence could disappear.
