Few professions are as hazardous as that of a railroad worker’s. Each year, hundreds of railroad workers are killed on the job or as a result of illness acquired from their work environment. Working on a railroad poses numerous life-threatening risks and a high level of danger to workers. Not only does a railroad worker face the possibility of being severely injured in a railroad accident, but an accident on the railroad can lead to death. The vast majority of railroad worker injuries are usually deemed the fault of the employer’s negligence. Regardless of whether an accident occurred because of faulty equipment, tools, or poor working conditions, the employer is held responsible.
Under the Federal Employers Liability Act (FELA) that was passed by Congress in 1908, railroad workers are protected against railroad accidents and injuries caused by repetitive stress. In addition to these types of injury, FELA also protects railroad workers from illness acquired as a result of a noxious work environment. Although the amount of evidence needed to prove work safety negligence for railroad workers is considerably less under FELA, an experienced lawyer is needed in order to establish a strong case. Railroad companies constantly face railroad worker accident disputes, and therefore, know the loopholes and shortcuts that will protect them. It is important to seek the advice and expertise of trained Railroad Worker Accident Lawyers to ensure that you get the settlement you deserve. It is of critical importance to seek immediate help upon suffering a railroad worker-related accident or injury. Waiting too long to report your accident can result in your accident being blamed on incidents outside of your occupation.
Railroad workers are subject to a number of illnesses. Many are not aware that FELA also protects workers from illness resulting from railroad work. Exposure to environmental pollutants, asbestos, silica, diesel exhaust, toxins, and other chemicals are factors in railroad worker illness. Lung and brain disease, cancer, cognitive impairment, nerve damage, and musculoskeletal disorders are some of the most common health complications that result from working on railroads.
After successfully filing a claim under FELA, you may be compensated for:
Under FELA, if the injuries lead to the railroad worker’s death, the worker’s immediate family, or his spouse and children, are entitled to compensation. If the victim does not have a spouse or children, the compensation is then given to a close family member or the parents of the deceased worker.
Many times lawsuits brought under FELA don’t always go to court. Often times these cases are taken to mediation or are resolved through settlement conferences. Both cases require a knowledgeable attorney who is familiar with FELA and railroad worker accident laws and regulations. It is imperative that you meet with an experienced railroad worker injury lawyer before a railroad company holds a conference to discuss injury liability, as this can severely hurt your chances of winning a case.
For many people reaching retirement means long days of relaxation and rest. For railroad workers, this is not the case. After having dedicated numerous years of their lives and long arduous hours of labor on railroads, many railroad workers are left permanently battling a handful of illnesses. Even though the use of trains as a mode of transportation has seen a significant decrease with the rise in motor vehicles and planes, trains are still widely used to transport resources, as well as passengers all across the nation.
This means that railroad workers must still perform routine maintenance and testing to keep trains operating daily. The routine tasks of a railroad worker mean constant exposure to hazardous chemicals, toxins, metals, and the most lethal of all, asbestos dust.
Railroad workers suffer a great deal of harm as a result of this frequent exposure to deadly chemicals and the perilous nature of their occupation. The majority of these noxious substances and toxins lead to severely damaging illness and sometimes even death.
Unfortunately, railroad worker illnesses commonly develop among the railroad worker population. Chronic exposure to hazardous chemical substances often leads to numerous ailments in railroad workers.
Some of the most often seen railroad worker illnesses are:
Asbestosis is a lung disease that is only caused by asbestos dust exposure. Asbestos is a group of heat-resistant minerals that does not conduct electricity and has been used in various forms on railroads. It is a type of carcinogen that often leads to asbestosis, a pulmonary disease that causes lung scarring and breathing difficulty. Railroad workers who suffer from asbestosis often aren’t aware of their illness because symptoms of asbestosis can take between 30 to 50 years to show.
Malignant mesothelioma is a type of lung cancer that is found in the thin lining of the body’s organs. Pleural mesothelioma is the most common type of cancer, accounting for 70% of the cases, and it is found in the lung’s lining. The only known cause of this common railroad worker illness is exposure to asbestos dust.
For years, asbestos manufacturers attempted to conceal the perils of working with asbestos. In fact, it wasn’t until the 1970’s that the Consumer Product Safety Commission (CPSC) banned the use of asbestos in wallboard patching and fireplaces. Later, in 1989, the Environmental Protection Agency (EPA) banned all new uses of asbestos. However, uses prior to this year are still allowed.
The Federal Employers’ Liability Act (FELA) states that railroad workers can receive compensation and allows railroad workers to recover damages for injuries while working on the railroad. This includes railroad worker illnesses that may have developed years after having worked on railroads.
If you have suffered from a railroad worker illness, it is imperative that you contact an experienced railroad illness lawyer as soon as you become aware of your ailment. Time is crucial when filing a railroad worker illness lawsuit. There is a time restriction of three years. This means that you must file your railroad worker illness claim within 3 years of knowing you have the job-related disease. Contact The Horwitz Law Group experienced FELA attorneys for a free evaluation.
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