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Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed to many dangerous situations on the job. The exposures could cause serious diseases like cancer and silicosis. It can take many years for these diseases to develop.
Thousands of coal miners have been afflicted by black lung disease or pneumoconiosis. 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 issues. Poor ventilation, accumulation of dust within train cabs, as well as working with locomotives may increase the risk of a worker developing respiratory issues or asthma. Even mild asthma can affect the ability of railroad workers to complete 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 both former and current railroad workers suffering from these types of conditions may have grounds for seeking financial compensation through a successful FELA claim.
FELA claims enable plaintiffs to pursue compensation from the government for any adverse impact the asthma they suffer has on their lives, such as the cost associated with medication as well as lost wages and other economic loss. However the success of a FELA claim requires that the worker prove the cause of their injuries was a workplace exposure.
One FELA lawsuit filed by residents of the region around the rail yard of CSX in Lawrence County, Pennsylvania alleges that a large amount of coal dust erupts out of the facility and covers homes and cars of residents. According to the lawsuit the dust can cause irritation to residents' lungs and eyes. The lawsuit asserts that CSX releases cancer-causing vinylchloride and burns it, which can be harmful to water sources in the area.
Cancer
Cancer can be caused by a range of factors such as genetics, lifestyle choices. Non-Hodgkin's lymphoma lawsuit can also be caused through exposure to toxic chemicals. For instance exposure to vinyl chloride (a chemical classified as carcinogen by the Environmental Protection Agency) can increase your risk of developing liver or other organ damage. In Pancreatic cancer lawsuit , workers producing vinyl products as well as other chemicals may be exposed to toxic substances that are released into the air due to manufacturing or transportation.
Asbestos is a different cancer-causing chemical. It is found in rail cars and various other products. Asbestos exposure can cause mesothelioma, a form of lung cancer that is typically fatal. If asbestos lung cancer lawsuit develop mesothelioma as a result of asbestos exposure, speak with an experienced railroad lawyer.
A court has decided that retired railroad workers who is disabled because of lung disease known as black lung could be eligible for disability benefits. The 4th U.S. Circuit Court of Appeals upheld conclusions of an administrative law judge and the Benefits Review Board that Olen Roberson deserved benefits that are generally paid to coal miners who suffer from the same illness. Roberson's work required him to connect and uncouple high-pressure pipes that were positioned between coal automobiles. This caused coal dust to be expelled into the air.
Injuries
The railroad industry is a dangerous one. It can result in unexpected injuries or a cumulative damage. In contrast to other workers, railroad workers are protected by FELA (Federal Employers Liability Act) which was enacted in 1908, which permits employees to sue their employers for compensation following a workplace accident.
Rail lines that cross roads need to be maintained in a good condition. Railroads must also inform pedestrians and drivers of the presence of railroad tracks as well as cars. They must also ensure a high level of safety for those who enter or traverses 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, throat, and lungs of workers. These hazardous conditions can 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 like benzene, chemical solvents and welding fumes can also cause cancer. Some railroad workers have been diagnosed with occupational cancers that can be difficult to treat and diagnose. Railroad workers who develop an illness or disease that is caused by work must consult an experienced railroad injury lawyer for advice about their legal options.
FELA Claims
Railroad workers are required to perform very specific and specialized jobs that could cause catastrophic injuries. Injuries caused by negligence could keep a worker from returning to work, and could result in huge medical expenses. In these situations railroad employees who are injured have a right to compensation under the Federal Employees Liability Act (FELA).
The time limit for FELA is three years from the date of injury or fatality. However, it takes time to examine and determine the severity of an injury. If a worker fails to take legal action in the three-year period, court is likely to dismiss the case.
In a FELA suit, proving negligence by the railroad is easier than in the traditional personal injury case. This is because a person must only show that negligence by the railroad contributed to their injuries. Railroad companies have a claim to the concept of comparative negligence to shield themselves from liability for injuries.
Contact an experienced Chicago railroad injury lawyer to protect the railroad employee's FELA claim. A seasoned attorney will begin investigating the case immediately. This typically involves taking pictures of the scene of the accident as well as interviewing witnesses and examining the tools or equipment involved in the accident. As time passes the process of the process of establishing an FELA case is more difficult since witnesses may forget or evidence could disappear.
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