Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed to many hazardous situations on the job. The exposures could cause serious diseases like cancer and the silicosis. It could take years before these diseases develop.
The pneumoconiosis or black lung disease 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 health problems that can be debilitating. Poor ventilation, the collection of soot in cabs for trains and working alongside operating locomotives can increase the likelihood of developing asthma or other respiratory disorders. Even mild asthma can affect a railroad worker's ability perform certain tasks. In severe cases, the condition can leave a formerly dependable railroad worker incapable of working at all. A New York railroad lawyer can help railroad workers suffering from these conditions in pursuing financial compensation.
FELA claims permit plaintiffs to claim compensation for the negative effects their asthma has had on their lives including the expense of medications, lost wages and other economic losses. To be successful in a FELA claim, a worker must prove that their injuries were the result of a work-related exposure.
One FELA lawsuit filed by residents living around the rail yard of CSX in Lawrence County, Pennsylvania alleges that an excessive amount of coal dust flows from the facility and is a nuisance to houses and cars. According to the lawsuit the dust can cause irritation to residents' lungs and eyes. The lawsuit states that CSX releases the cancer-causing vinylchloride and then burns it, which can affect water supply in the area.
Cancer
Cancer can be caused by various ways, including genetics or lifestyle choices. It can also be caused through exposure to harmful chemicals. As an example, exposure to vinyl chloride (a chemical classified as a carcinogen by the Environmental Protection Agency) can increase the risk of developing liver or other organ damage. Also, those who work in factories that produce vinyl products, or other chemicals could 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 present in the insulation used in rail cars as well as in many other products. Asbestos exposure could lead to mesothelioma. It is a form of lung cancer that is generally fatal. Those who develop mesothelioma due to asbestos exposure should consult an knowledgeable railroad attorney.
A court has determined that retired railroad workers who is disabled due to lung conditions known as black lung could be entitled to disability benefits. The 4th U.S. The 4th U.S. Roberson's job required him to connect and disconnect high-pressure air hoses which were connected to coal cars. This caused coal dust to be carried into the air.
Injuries
Railroad work is a hazardous job that could result in severe injuries that are sudden or injuries from wear and tear. Railroad employees, unlike most workers, are covered by FELA The Federal Employers Liability Act, that was passed in 1908. This allows employees to sue for compensation in the event that they suffer a mishap at work.
Railroad tracks that cross roads have to be maintained in a safe state. Railroads must also inform pedestrians and drivers of the presence of railroad tracks and cars. They must also maintain an extremely high level of security for all who enters or crosses 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, ears, and throat of workers. These hazardous conditions can be caused by poorly maintained equipment, or by the burning of coal silica, silica in locomotive sandhoppers and 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 diagnose and treat. If a worker on the railroad develops an illness or disease related to their job, they should consult a knowledgeable railroad injury lawyer to know more about their legal options.
FELA Claims
Railroad workers are skilled and have very specific jobs, which can lead to devastating injuries. Injuries caused by the negligence of a railroad company could render it impossible to return to work and cause huge medical bills. In these cases railroad workers injured by negligence are entitled to compensation through the Federal Employees Liability Act (FELA).
The time limit for FELA is three years from the date of injury or death. It takes time to fully analyze and recognize an injury. If csx railroad lawsuit fails to take legal action within the three years the case could be dismissed by the court.
In the case of a FELA suit, the burden of proving negligence by railroads is easier than in the traditional personal injury case. The worker only needs to prove that the railroad's negligent actions caused the injury. Railroad companies assert the concept of comparative negligence to shield themselves from liability for injuries.
Get in touch with an experienced Chicago railroad injury lawyer to defend a railroad employee's FELA claim. A knowledgeable lawyer will start investigation right away. This normally involves taking photographs of the accident scene as well as interviewing witnesses and examining the tools or equipment that caused the injury. As time is passed, it becomes more difficult to establish a FELA claim as evidence can disappear or witness memories fade.