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Railroad Lawsuits For Asthma and Silicosis
Railroad workers often have to deal with dangerous exposures on the job. The exposures they endure can cause serious illnesses, including cancer or silicosis. It can take years for these diseases to develop.
Many coal miners have been struck by black lung disease, also known as pneumoconiosis. cancer lawsuit of them are fighting for benefits.
Asthma
Railroad workers are frequently exposed to diesel fumes, which can cause a variety of health issues that are debilitating. Poor ventilation, accumulation of soot inside train cabs, and working with locomotives can increase the risk of a worker suffering from respiratory or asthma-related conditions. Even an asthma-like condition that is mild can limit a railroad employee's capacity to perform certain tasks. A severe asthma attack can render a once-dependable railroad worker incapable of working at all. With the help of a New York railroad asthma lawyer, current and former railway workers suffering from these kinds of ailments may have grounds for seeking financial recovery through a successful FELA claim.
FELA claims permit plaintiffs to seek compensation from the government for any negative impact the asthma they suffer has on their lives, such as the cost of medication loss of wages, other economic loss. However to be successful, a FELA claim requires that a worker prove that their injuries were the result of a workplace exposure.
cancer lawsuits living in the vicinity of the CSX railyard in Lawrence County, Pennsylvania filed a FELA lawsuit claiming that a significant amount of coal dust has escaped out of the plant and covers homes and cars. The lawsuit claims that the dust irritates residents' eyes and their 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 caused by a variety of causes such as genetics and lifestyle choices. But it can also be the result of exposure to toxic chemicals. As an example, 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. Those who work in factories producing vinyl products or other chemicals could be exposed to harmful substances that can be released into the air as a result of the production process or transport.
Asbestos is a different cancer-causing chemical. It is found in rail cars, and various other products. Asbestos can cause mesothelioma, the lung cancer that typically is fatal. Those who develop mesothelioma due to asbestos exposure should consult an knowledgeable railroad attorney.
A court has ruled that retired railroad workers who is disabled because of lung disease known as black lung could be entitled to disability benefits. The 4th U.S. Circuit Court of Appeals upheld the findings of an administrative law judge and the Benefits Review Board that Olen Roberson was entitled to benefits usually paid to coal miners who suffer from the same disease. cancer lawsuits required him to connect and uncouple high-pressure air pipes that were positioned between coal automobiles. This caused coal dust to be expelled into the air.
Injuries
Working on the railroad is a dangerous job that could result in shocking injuries or damage to your health from wear and tear. Like most workers, railroad workers are covered by FELA (Federal Employers Liability Act) which was enacted in 1908, which permits them to sue their employer to recover compensation following an workplace accident.
Rail lines that cross roads must be maintained in a safe state. Railroads are also required to warn drivers and pedestrians of the presence of railroad tracks and cars. They also must ensure the highest level of security for all who enters or traverses their railroad property.
Coal mines and train yards emit toxic dust and fumes that can cause irritation or permanent damage to workers' lungs, eyes ears, nose, and throat. These dangerous conditions could be caused by poorly maintained machinery, or by the combustion of coal, silica in the hoppers of locomotives and asbestos on older trains.
Exposure to carcinogens such as benzene, chemical solvents and welding fumes can also cause cancer. Some railroad workers have developed occupational cancers that can be difficult to treat and diagnose. Railroad workers who suffer from a disease or illness that is a result of their work should contact an experienced railroad injury lawyer to find out about their legal options.
FELA Claims
Railroad workers perform extremely specific and specialized jobs that can cause catastrophic injuries. Accidents caused due to the negligence of a train company can make it impossible for a worker to return to work and can result in huge medical bills. In these situations, injured railroad workers are entitled to compensation under the Federal Employees Liability Act (FELA).
The FELA statute of limitations is three years from the date of injury or death. However it takes time to fully analyze and identify an injury. If an employee fails to pursue legal action within the time frame of three years, the judge will likely to dismiss the case.
In a FELA lawsuit, proving that the railroad was negligent is much easier than in traditional personal injury lawsuits. The plaintiff needs to prove that the railroad's negligence caused their injury. Railroad companies have a claim to negligence in a comparative manner to avoid liability for injuries.
Contact an experienced Chicago railroad injury lawyer to protect the railroad employee's FELA claim. A lawyer with experience will begin investigating the situation immediately. This usually involves taking pictures of the scene of the accident and interviewing witnesses. It could also include inspecting the tools employed in the injury. As time goes by, it gets more difficult to establish a FELA claim as evidence could disappear or memories of witnesses fade.
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