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Railroad Lawsuits For Asthma and Silicosis
Rail workers are exposed to many hazardous situations while working. These exposures may cause serious illnesses like cancer and silicosis. A lot of these illnesses can take years to develop.
Thousands of coal miners have been afflicted by the black lung disease or pneumoconiosis. Many of these miners are now fighting for benefits.
Asthma
Railroad workers are regularly exposed to diesel fumes, which can cause a myriad of health issues. Poor ventilation, accumulation of dust in train cabs, and working alongside locomotives can increase the likelihood of an employee getting asthma or respiratory ailments. Even mild asthma can impact the ability of railroad workers to complete certain tasks. A severe asthma attack can render a once-dependable railroad worker unfit to work 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 any negative impact their asthma has had on their life, including the cost of medications, lost wages and other economic losses. To be successful in a FELA claim, a worker must prove that their injuries were the result of an exposure to work.
Residents living in the vicinity of the CSX railyard in Lawrence County, Pennsylvania filed a FELA lawsuit alleging that a significant amount of coal dust is emitted out of the facility and covers homes and cars. According to the lawsuit the dust causes irritation to the eyes and lungs of residents. The lawsuit further claims CSX releases and burns cancer-causing vinyl chloride, which can contaminate the water supply of the area.
Cancer
Cancer can be caused by a range of factors such as genetics and lifestyle choices. It can also be caused through exposure to harmful chemicals. For instance, regular exposure to vinyl chloride, a chemical that the Environmental Protection Agency classifies as carcinogen, may increase one's likelihood of developing liver cancer or another organ damage. People who work in factories that produce vinyl products and other chemicals may be exposed to toxic substances released into the air due to production or transport.
Another cancer-causing substance is asbestos which is present in the insulation used in rail cars as well as in many other products. Asbestos can cause mesothelioma - the lung cancer that typically is fatal. If you develop mesothelioma as the result of asbestos exposure, speak with an expert railroad lawyer.
A retired railroad worker who was affected due to a lung disease referred to as black lung may be eligible for disability benefits, a court has decided. The 4th U.S. The 4th U.S. Roberson's job required him connect and uncouple high-pressure air hoses to coal cars, which expelled coal dust into the air.
Injuries
The railroad industry is a hazardous job that can lead to shocking injuries or health damage from cumulative wear-and-tear. As opposed to most workers, railroad employees are covered under FELA (Federal Employers Liability Act) that was passed 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 safe and secure condition. Railroads also have to inform drivers and pedestrians of the presence of their tracks and railroad cars and must maintain the highest standards of safety for those who cross or enter their railroad property.
Train yards, coal mines, and other industrial sites emit toxic fumes and dust that can cause irritation or permanent damage to the lungs, nose, ears, and throat of workers. These dangerous conditions could be caused by poorly maintained machinery or the burning of silica, coal, asbestos sand hoppers for locomotives, and asbestos in older trains.
lung cancer lawsuit from smoking can also be caused through exposure to carcinogens such as benzene and chemical solvents. Certain railroad workers have been diagnosed with occupational illnesses that are difficult to identify and treat. If a railroad worker develops an illness or disease that is related to work or injury, they should seek out a seasoned railroad injury attorney to learn more about their legal options.
Claims of FELA
Railroad workers are entrusted with very specific and specialized tasks that can result in catastrophic injuries. Injuries that are caused due to the negligence of a train firm can make it impossible for a worker to return to work and can result in massive medical bills. In these cases railroad workers who have been injured are entitled to compensation through the Federal Employees Liability Act (FELA).
The time limit for FELA is three years from the date of injury or death. However it takes time to fully examine and determine the severity of an injury. If a person does not take legal action within the three year period the case is likely to be dismissed by the court.
In a FELA lawsuit, proving that the railroad was negligent is much easier than in traditional personal injury claims. lung cancer lawsuit from smoking is due to the fact that a plaintiff must only show that the railroad's negligence led to his or her injuries. But, railroad companies often argue that they are not responsible for injuries caused by claiming negligence in the context of comparative.
The most effective way to protect the railroad worker's FELA claim is to consult with an experienced Chicago railroad injury attorney. A knowledgeable lawyer will begin investigating the case immediately. This typically involves taking photographs of the scene and interviewing witnesses. pulmonary fibrosis lawsuit may also involve inspecting the tools employed in the injury. As time gets longer, it becomes more difficult to establish the basis for a FELA claim due to evidence that could disappear, or witness memories fade.
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