Railroad Lawsuits For Asthma and Silicosis
Railroad workers often face dangerous exposures while working. These exposures may cause serious diseases like cancer and silicosis. Many of these diseases take years to develop.
Pneumoconiosis, also known as black lung disease, has affected thousands of coal miners. Many of these miners are now fighting for benefits.
Asthma
Railroad workers are frequently exposed to diesel fumes, that can cause a wide range of health issues. Poor ventilation, accumulation of dust within train cabs, as well as working with locomotives may increase the risk of a worker developing asthma or respiratory conditions. Even csx railroad lawsuit can hinder the ability of railroad workers to complete certain tasks. In severe cases, the condition can make a once reliable railroad worker not able to work at all. With the help of a New York railroad asthma lawyer as well as former and present railway employees suffering from these kinds of illnesses could 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 such as the cost of medication, lost wages and other economic losses. However to be successful, a FELA claim requires that a worker prove their injuries were caused by an occupational exposure.
Residents living in the vicinity of CSX's railyard in Lawrence County, Pennsylvania filed a FELA lawsuit claiming that a lot of coal dust is emitted out of the facility and covers cars and homes. The lawsuit states that the dust causes irritation to the eyes of residents and lungs. The lawsuit claims that CSX releases cancer-causing vinylchloride, and burns it, which can affect water supply in the area.
Cancer
Cancer can be caused by a variety of factors that include genetics, lifestyle choices. However, it could also be the result of exposure to certain harmful chemicals. For instance, exposure to vinyl chloride, a substance that the Environmental Protection Agency classifies as carcinogens, can increase one's chances of developing liver cancer or other organ damage. In other words, workers who work in factories that produce vinyl products, or other chemicals could be exposed to harmful substances that are released into the air during production or transport.
Asbestos is another cancer-causing substance. It is found in rail cars, and various other products. Asbestos is a cause of mesothelioma. which is a lung cancer that generally is fatal. Those who develop mesothelioma due to asbestos exposure must contact an experienced railroad lawyer.
A court has decided that retired railroad workers who is disabled due to a lung condition known as black lung could be eligible for disability benefits. The 4th U.S. The 4th U.S. Roberson's work required him to connect and disconnect high-pressure air hoses that were placed between coal automobiles. This caused coal dust to be released into the air.
Injuries
The railroad industry is a risky one. It could cause sudden trauma or cumulative health harm. Railroad employees, in contrast to other workers, are covered under FELA which is the Federal Employers Liability Act that was passed in 1908. This enables employees to sue for compensation if they suffer an accident on the job.
Railroads are required to employ reasonable care when operating of their property. They also have to keep it free of hazardous conditions that could cause injury to drivers or pedestrians on roads crossed by rail lines. Railroads are also required to warn drivers and pedestrians of the presence of railroad tracks and automobiles. They also must ensure a high level of safety for those who enter or traverses their railroad property.
Coal mines, train yards and other industrial locations can generate toxic fumes and dust that can cause irritation or permanent damage to the lungs, nose ears, throat, and lungs of workers. These dangerous conditions can be caused by poorly maintained machinery, or by the burning of silica, coal, the hoppers of locomotives and asbestos on older trains.
Cancer can also be caused by exposure to carcinogens, such as benzene and chemical solvents. Certain railroad workers have developed occupational illnesses that are difficult to identify and treat. Railroad workers who suffer from a disease or illness that is a result of their work should consult a knowledgeable railroad injury lawyer for advice about their legal options.
FELA Claims
Railroad workers are specialized and have very specific jobs that can result in serious injuries. Injuries that are caused through the negligence of a train firm can render it impossible to return to work and cause 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 after the date of the accident or death. It takes time to evaluate and identify an injury. If a worker fails to take legal action within the three year period the case could be dismissed by the court.
In a FELA lawsuit, proving that the railroad was negligent is easier than in traditional personal injury claims. This is because a person must prove that negligence on the part of the railroad contributed to the injuries. Railroad companies assert negligence in a comparative manner to avoid liability for injuries.
Find an experienced Chicago railroad injury lawyer to defend 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 and examining the equipment or tools that caused the injury. As time is passed, establishing the basis of a FELA case becomes more difficult as witnesses might forget or evidence may disappear.