Notes

20 Misconceptions About Railroad Lawsuit Emphysema: Busted
Railroad Lawsuits For Asthma and Silicosis

Railroad workers often face dangerous exposures while on the job. The exposures could cause serious illnesses such as cancer and silicosis. A lot of these illnesses can take years to develop.

mesothelioma lung cancer lawsuit , also known as black lung, has affected thousands of coal miners. Some of these men are now fighting to obtain benefits.

Asthma

Railroad workers are often exposed to diesel fumes which can cause a myriad of health issues that are debilitating. Poor ventilation, the collection of soot in train cabs and work performed alongside operating locomotives can increase the risk of developing asthma or other respiratory disorders. Even mild asthma can affect the ability of railroad employees to perform certain tasks. A severe case of asthma can leave a formerly dependable railroad worker incapable of working at all. A New York railroad lawyer can assist railroad workers suffering from such conditions to pursue financial compensation.

FELA claims allow plaintiffs to pursue compensation for the negative effects their asthma has had on their lives which includes the cost of medication, lost wages and other economic losses. However for a successful FELA claim must be substantiated by a worker who proves that their injuries were caused by exposure to work.

One FELA lawsuit filed by residents of the area near CSX's railyard in Lawrence County, Pennsylvania alleges that a huge amount of coal dust flows out of the facility and covers people's cars and houses. The lawsuit asserts that the dust can irritate the eyes of residents and the lungs. The lawsuit also states that CSX releases and burns cancer-causing vinyl chloride, which can contaminate the water supply locally.

Cancer

Cancer can manifest in different ways, such as genetics or lifestyle choices. It can also be caused by exposure to toxic chemicals. For instance exposure to vinyl chloride (a chemical that is classified as carcinogens by the Environmental Protection Agency) can increase the risk of developing liver or other organ damage. In other words, people who work in factories which produce vinyl products, or other chemicals may be exposed to toxic substances that are released into the air during production or transportation.

Another cancer-causing substance is asbestos which is found in insulation of rail cars and in many other products. Asbestos exposure could lead to mesothelioma, a form of lung cancer that can be fatal. Those who develop mesothelioma due exposure to asbestos need to consult an experienced railroad attorney.

A court has decided that a retired railroad worker who is disabled due to lung conditions known as black lung may be entitled to disability benefits. railroad workers cancer lawsuit . Circuit Court of Appeals upheld conclusions of an administrative law judge as well as the Benefits Review Board that Olen Roberson deserved the benefits that are usually paid to coal miners who suffer from the same condition. Roberson's work required him to connect and uncouple 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 can cause sudden injuries or even cumulative health injuries. Railroad employees, unlike many workers, are covered by FELA which is the Federal Employers Liability Act, adopted in 1908. This enables them to sue for compensation should they are injured at work.

Railroads have a duty to use reasonable care in the use of their property. They must keep it free of hazardous conditions that could result in injuries to pedestrians or drivers on roads straddled by railroad lines. Railroads also must warn pedestrians and drivers of the presence of their tracks and railroad cars and must ensure a high standard of safety for people who walk across or enter their railroad property.

Coal mines, train yards, and other industrial locations can produce toxic fumes and dust that can cause irritation or permanent damage to the lungs, nose and throat of workers. These hazardous conditions can be caused by machinery that is not properly maintained, or by the burning of coal, silica in the hoppers of locomotives and asbestos in older trains.

Exposure to carcinogens like benzene, chemical solvents and welding fumes could cause cancer. Some railroad workers have been diagnosed with occupational cancers that are difficult to diagnose and treat. Railroad workers who develop a disease or illness that is a result of their work should seek out a seasoned railroad injury lawyer to learn about their legal options.

Claims of FELA

Railroad workers have very specific and specialized jobs that could result in catastrophic injuries. Injuries caused by negligence could hinder a worker's return to work, and could result in huge medical bills. In these instances railroad workers who have been injured are entitled to compensation through 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 assess and identify an injury. If a person does not take legal action within the three-year timeframe 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. The worker only needs to prove that the railroad's negligence caused their injury. But, railroad companies often claim that they aren't accountable for the injuries by claiming comparative negligence.

The most effective way to protect the rights of railroad workers' FELA claim is to talk with an experienced Chicago railroad injury lawyer. An experienced lawyer will start investigating the case right away. railroad workers cancer lawsuit involves taking photos of the scene of the accident and interviewing witnesses. It may also involve inspecting the tools employed in the injury. As time is passed, it becomes more difficult to prove a FELA claim as evidence could disappear or memories of witnesses fade.

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