Watch Out: How Railroad Lawsuit Emphysema Is Taking Over And What We Can Do About It

Railroad Lawsuits For Asthma and Silicosis

Rail workers are exposed to a variety of dangers on the job. These exposures can result in serious diseases, such as cancer or silicosis. Many of these diseases take years to develop.

Thousands of coal miners have been afflicted by black lung disease, also known as pneumoconiosis. Some of these miners are now fighting to obtain benefits.

Asthma

Diesel fumes are a frequent exposure for railroad workers, and they can cause serious health problems. Leukemia lawsuit , accumulation of soot in train cabs, and working with locomotives can increase the chance of a worker getting asthma or respiratory ailments. Even mild asthma can impact the ability of railroad workers to perform certain tasks. Severe cases of the condition can make a once reliable railroad worker not able to work at all. With the assistance of a New York railroad asthma lawyer both former and current railroad employees who suffer from these kinds of ailments might be eligible to seek financial recovery through a successful FELA claim.

FELA claims enable plaintiffs to seek compensation from the government for any negative effect their asthma can have on their lives, including the cost associated with medication or lost wages, as well as other economic losses. To be successful in a FELA claim, an employee must prove that their injuries were caused by an occupational exposure.

One FELA lawsuit filed by residents living in the area around the rail yard of CSX in Lawrence County, Pennsylvania alleges that an unreasonable amount of coal dust erupts from the facility and covers homes and cars. According to the lawsuit the dust causes irritation to residents' eyes and lungs. The lawsuit asserts that CSX releases cancer-causing vinylchloride. It also burns it. This can cause water pollution in the local area.

Cancer

Cancer can be caused by a range of factors such as genetics and lifestyle choices. But it can be caused by exposure to certain toxic chemicals. For Leukemia lawsuit to vinyl chloride (a chemical classified as a carcinogen by the Environmental Protection Agency) can increase your risk of developing liver or other organ damage. People who work in factories that produce vinyl products and other chemicals may be exposed to toxic substances that are released into the air as a result of production or transport.

Another example of a cancer-causing substance is asbestos, which is found in the insulation of rail cars and in many other products. Asbestos exposure can cause mesothelioma, a form of lung cancer that is usually fatal. If you develop mesothelioma as the result of asbestos exposure, speak with an knowledgeable railroad lawyer.

A court has determined that a retired railroad worker who is disabled due to lung disease known as black lung may 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 was entitled to benefits that are usually paid to coal miners who suffer from the same disease. Roberson's work required him to connect and disconnect high pressure air hoses between coal cars, which blew coal dust into the air.

Injuries

The railroad industry is a hazard one. It can result in sudden injuries or even cumulative health injuries. Railroad employees, unlike most workers, are covered under FELA which is the Federal Employers Liability Act, passed in 1908. union pacific railroad lawsuit enables them to sue for compensation in the event that they are injured during their work.

Railroads are required to use reasonable care in the use of their property. They are required to ensure that it is free of dangerous conditions that could lead to injury to pedestrians or drivers on roads straddled by railroad lines. Railroads must also inform pedestrians and drivers of the presence of their railroad cars and tracks, and must maintain an excellent safety standard for the people who cross or enter their railroad property.

Coal mines and train yards produce toxic dust and fumes that can cause irritation or permanent damage to the lungs of workers, eyes and ears, nose, and throat. These hazardous conditions could be caused either due to equipment that is not maintained properly, or by the burning of coal silica and silica found in locomotive sandhoppers, and asbestos on older trains.

Exposure to carcinogens, such as chemical solvents, benzene and welding fumes may cause cancer. Certain railroad workers have developed occupational cancers that are difficult to identify and treat. If a railway worker suffers an illness or disease that is related to work, they should seek out a seasoned railroad injury lawyer to learn more about their legal options.

Claims for FELA

Railroad workers are specialized and are required to perform specific tasks which can result in catastrophic injuries. A mistake can stop a worker from returning to work, and can result in massive medical bills. In these situations railroad workers who have been injured are entitled to be compensated under the Federal Employees' Liability Act (FELA).

The FELA statute of limitations is three years from the date of injury or death. It takes time to fully assess and recognize an injury. If a worker does not legally take action within the three-year period, the court is likely to dismiss the case.

In a FELA suit, proving negligence by the railroad is less difficult than in the traditional personal injury case. The plaintiff only has to prove that the railroad's negligence caused the injury. Railroad companies use the concept of that they are negligent in a way to avoid liability for injuries.

The most effective way to protect the railroad worker's FELA claim is to consult with an experienced Chicago railroad injury lawyer. A lawyer who is experienced will begin investigating the case immediately. This usually involves taking photos of the accident scene, interviewing witnesses and inspecting the tools or equipment involved in the accident. As time passes, it becomes harder to prove the basis for a FELA claim as evidence can disappear or memories of witnesses fade.