Notes

Three Greatest Moments In Railroad Lawsuit Emphysema History
Railroad Lawsuits For Asthma and Silicosis

Rail workers are exposed to a variety of dangers on the job. These exposures may cause serious illnesses, such as cancer and the silicosis. Many of these diseases are a long time to develop.

Many coal miners have been afflicted by the black lung disease or pneumoconiosis. Many of these miners are now fighting for benefits.

Asthma

Diesel fumes are an everyday exposure for railroad workers and they can lead to serious health issues. Poor ventilation, accumulation of soot within train cabs, as well as working alongside locomotives can increase the likelihood of a worker suffering from respiratory or asthma-related conditions. Even mild asthma can affect the ability of railroad workers to perform certain tasks. A severe asthma attack can render a once reliable railroad worker unfit to work at all. With the assistance of an New York railroad asthma lawyer, current and former railway workers who suffer from these types of conditions may have grounds for seeking financial compensation through a successful FELA claim.

FELA claims permit plaintiffs to claim compensation for any negative impact their asthma has had on their life including the expense of medications, lost wages and other economic losses. To be successful in a FELA claim, an employee must prove that their injuries were caused by an exposure to work.

One FELA lawsuit filed by residents living near CSX's railyard in Lawrence County, Pennsylvania alleges that a huge amount of coal dust flows out of the facility and covers homes and cars. The lawsuit claims that the dust is irritating residents' eyes as well as the lungs. The lawsuit also claims CSX releases and burns cancer-causing vinyl chloride, which can contaminate the water supply locally.

Cancer

Cancer can be caused by a range of factors, including genetics and lifestyle choices. However, mesothelioma lawsuit can be caused by exposure to harmful chemicals. For instance, exposure to vinyl chloride, a substance that the Environmental Protection Agency classifies as carcinogens, can increase one's chance of developing liver cancer or any other organ damage. Workers in factories that produce vinyl products and other chemicals could be exposed to toxic substances that are released into the air as a result of manufacturing or transportation.

Asbestos is another cancer-causing substance. It is found in rail cars, as well as various other products. Exposure to asbestos can cause mesothelioma which is a type lung cancer that is typically fatal. If you develop mesothelioma a result of asbestos exposure, speak with an expert railroad lawyer.

A retired railroad worker who was afflicted by a lung illness known as black lung may be entitled to disability benefits, a judge has determined. The 4th U.S. Circuit Court of Appeals upheld the conclusions of an administrative law judge and the Benefits Review Board that Olen Roberson was entitled to benefits that are generally paid to coal miners suffering from the same illness. Roberson's work required him connect and disconnect high-pressure air hoses which were connected to coal automobiles. This caused coal dust to be blown into the air.

Injuries

Railroad work is a dangerous job that could result in sudden traumatic injuries or accumulate health damage from cumulative wear-and-tear. Unlike most workers, railroad workers are protected by FELA (Federal Employers Liability Act) that was passed in 1908, which enables them to sue their employer to seek compensation for an accident.


Railroads are obliged to use reasonable care when operating of their property. They are required to keep it free of hazardous conditions that could result in injuries to pedestrians or drivers on roads that are crossed by railroad lines. Railroads also have to inform pedestrians and drivers of the presence of their railroad cars and tracks and must maintain an extremely high level of security for the people who cross or enter their railroad property.

Coal mines and train yards produce toxic dust and fumes which can cause irritation or permanent damage to the lungs of workers' eyes and ears, nose, and throat. These hazardous conditions can be caused through poorly maintained equipment or by the burning coal, silica, in locomotive sandhoppers, and asbestos on older trains.

Exposure to carcinogens such chemical solvents, benzene and welding fumes can cause cancer. Certain railroad workers have developed occupational cancers that can be difficult to identify and treat. Railroad workers who develop a work-related illness or disease must consult an experienced railroad injury lawyer to learn about their legal options.

Claims of FELA

Railroad workers are specialized and are assigned specific jobs which can result in severe injuries. Accidents caused due to the negligence of a train firm can cause a person to be unable to return to work, and could result in huge medical expenses. In these situations 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 the injury or death. It takes time to examine and determine the severity of an injury. If a worker is unable to initiate legal action within the three-year timeframe, the judge will likely to dismiss the case.

In a FELA lawsuit, proving the railroad was negligent is more straightforward than traditional personal injury claims. This is due to the fact that a plaintiff must only show that negligence on the part of the railroad contributed to his or her injuries. Railroad companies claim that they are negligent in a way to avoid liability for injuries.

Contact an experienced Chicago railroad injury lawyer to protect the rights of a railroad worker's FELA claim. A knowledgeable lawyer will start investigating the case right away. This normally involves taking photographs of the scene of the accident and interviewing witnesses, as well as examining the equipment or tools involved in the injury. As time goes by, establishing the basis of a FELA case becomes more difficult as witnesses might forget or evidence may disappear.

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