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Check Out: How Railroad Lawsuit Emphysema Is Taking Over And What Can We Do About It
Railroad Lawsuits For Asthma and Silicosis

Rail workers are exposed hazardous situations while working. These exposures can result in serious illnesses, like cancer or silicosis. It can take years for these diseases to develop.

Pneumoconiosis, also known as black lung disease, has afflicted thousands of coal miners. Some of these miners are fighting to receive benefits.


Asthma

Railroad workers are frequently exposed to diesel fumes that can cause a wide range of health problems that can be debilitating. Poor ventilation, accumulation of dust inside train cabs, and working alongside locomotives can increase the risk of an employee getting asthma or respiratory ailments. Even mild asthma can affect the ability of railroad workers to perform certain tasks. A severe case of asthma can render a once reliable railroad worker unable to work at all. With the help of an New York railroad asthma lawyer both former and current railroad employees suffering from these types of conditions may have grounds for seeking financial recovery through an effective FELA claim.

FELA claims allow plaintiffs to seek compensation for any negative impacts their asthma has had on their life such as the cost of medication, lost wages and other economic losses. To be successful in a FELA claim, an employee must prove that their injuries were the result of a work-related exposure.

Residents of the area around CSX's railyard in Lawrence County, Pennsylvania filed a FELA lawsuit claiming that an excessive amount of coal dust is emitted out of the plant and covers homes and cars. The lawsuit asserts that the dust can irritate the residents' eyes and their lungs. The lawsuit also claims CSX releases and burns cancer-causing vinyl chloride which can contaminate the water supply in the local area.

Cancer

Cancer can be caused by a variety of causes such as genetics and lifestyle choices. It can also be caused by exposure to toxic chemicals. As an example exposure to vinyl chloride (a chemical that is classified as carcinogens by the Environmental Protection Agency) can increase your risk of developing liver or other organ damage. In other words, workers who work in factories that produce vinyl products or other chemicals can be exposed to harmful substances that are released into the air during the process of production or transportation.

Another example of a cancer-causing substance is asbestos, that is found in insulation used in rail cars and in a number of other products. Asbestos can cause mesothelioma, an air-borne cancer that usually is fatal. Anyone who develops mesothelioma due exposure to asbestos need to consult an expert railroad attorney.

A court has determined that a retired railroad worker who is disabled because of lung conditions known as black lung may be entitled to disability benefits. The 4th U.S. The 4th U.S. Roberson's work required him couple and uncouple high pressure air hoses in coal automobiles, a process that expelled coal dust into the air.

Injuries

The railroad industry is a dangerous job that can lead to sudden traumatic injuries or accumulate health damage from cumulative wear-and-tear. Like most workers, railroad workers are covered under FELA (Federal Employers Liability Act) which was passed in 1908, which permits employees to sue their employers for compensation after a workplace accident.

Railroads are required to take reasonable care in the use of their property. They must ensure that it is free of dangerous conditions that could lead to injury to pedestrians or drivers on roads straddled by railroad lines. Railroads also have to inform drivers and pedestrians of the presence of their railroad cars and tracks and must maintain the highest standards of safety for those who cross or enter their railroad property.

Train yards and coal mines produce toxic dust and fumes that could cause permanent harm or irritation to workers' lungs, eyes as well as their noses, ears, and throat. These hazardous conditions can be caused by poorly maintained machinery or the combustion of silica, coal, asbestos sand hoppers for locomotives, and asbestos on older trains.

Cancer can be caused through exposure to carcinogens such as benzene and chemical solvents. Certain railroad workers have developed occupational diseases that are difficult diagnose and treat. If a railroad worker develops an illness or disease that is related to work, they should seek out a seasoned railroad injury attorney to learn more about their legal options.

Claims for FELA

Railroad workers are entrusted with very specific and specialized tasks that can cause catastrophic injuries. Injuries caused by negligence could keep a worker from returning to work and can result in huge medical bills. In these instances railroad workers who are injured have a right to be compensated under the Federal Employees Liability Act (FELA).

The FELA statute of limitations is three years from the date of the injury or death. It takes time to fully evaluate and identify an injury. If an employee fails to take legal action in the three-year timeframe, the court will likely dismiss the case.

In a FELA lawsuit, proving that the railroad was negligent is easier than in traditional personal injury lawsuits. This is due to the fact that a plaintiff must prove that the railroad's negligence led to their injuries. Railroad companies have a claim to negligence in a comparative manner to avoid liability for injuries.

Get in touch with an experienced Chicago railroad injury lawyer to protect a railroad employee's FELA claim. A lawyer who is knowledgeable will begin investigating the case as soon as possible. union pacific railroad lawsuits involves taking photos of the accident scene and interviewing witnesses, as well as examining the tools or equipment that caused the injury. As time passes the process of the process of establishing an FELA case becomes more difficult as witnesses may forget about the incident or evidence may vanish.

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