Railroad Workers Sue for Asbestos and Silica Exposure Injuries

Railroad workers are routinely exposed to risks that employees in other sectors do not encounter. The Federal Employers Liability Act aims to address these risks.

2013-01-26

January 26, 2013 (Press-News.org) Railroad workers sue for asbestos and silica exposure injuries

In many respects, railroad work can be a dangerous job. Railroad workers are routinely exposed to risks that employees in other sectors do not encounter. The Federal Employers Liability Act aims to address these risks by providing injured railroad workers with the right to seek financial compensation for on-the-job injuries.

Occupational exposure claims -- for injuries or illnesses caused by repeated or prolonged exposure to hazardous substances -- are common FELA actions. Railroad workers who are injured by occupational exposures can recover compensation under FELA if it can be shown that the railroad company's negligence played a role in causing the hazardous exposure.

A recent FELA case from Texas serves as an illustrative example of how occupational exposure claims work. The plaintiffs in the case are seven former employees of BNSF Railway, who claim that they developed serious lung injuries as a result of occupational exposure to asbestos and silica-containing dust. These substances are well-known to cause illnesses including asbestosis, silicosis, mesothelioma and lung cancer.

The plaintiffs claim that the railroad was aware of the dangers posed by exposure to asbestos and silica dust, but failed to take steps to protect employees from harm. Specifically, they point to evidence showing that the railroad had been informed of serious risks as early as 1935. At that time, the Association of American Railroads recommended that railroads take steps to prevent employees from becoming injured by hazardous dust, including removing dust from working areas, having employees wear respirators, analyzing air samples from working areas and educating employees about the risks of exposure.

The Texas railroad workers further claim that BNSF was negligent in continuing to use products that contained asbestos and silica even though it knew of the dangers it could cause. They argue that, at the very least, BNSF should have taken more steps to protect its employees from harm. In particular, they claim that BNSF failed to provide appropriate respirators, failed to conduct sufficient air monitoring and failed to educate employees about the risks of asbestos and silica exposure and the fact that those risks could be magnified by smoking cigarettes.

Pursuing FELA claims for occupational exposure

Sadly, injuries caused by occupational exposure to asbestos and silica are very common in the railroad industry. Even though railroads were aware of the risks of exposure, many continued to use products that contained these hazardous substances.

It is important for railroad employees injured by occupational exposure to take steps to protect their rights. Some of the damages for which injured workers can be compensated include medical bills, mental anguish, pain and suffering, physical impairment and fear of developing cancer. If you or a loved one has been diagnosed with an illness that you think may be traceable to occupational exposure as a railroad worker, talk to a FELA claims lawyer who can evaluate your case and help you understand your options.

Article provided by O'Brien Chod, LLC
Visit us at http://www.obrienchod.com

ELSE PRESS RELEASES FROM THIS DATE:

A Felony Conviction Will Haunt You

2013-01-26

A felony conviction will haunt you On May 23, 2012, 21-year-old University of Colorado Boulder graduate Zoey Ripple wandered drunk into a Boulder home at 3:30 a.m. The homeowners told police that Zoey came into their bedroom and approached their bed with some kind of light. They said she never said a word. The homeowners told her to leave several times and even warned her that they had a gun. When Zoey got about six feet from the couple, the husband shot her once in the hip. Zoey not only suffered a fractured hip from the shot, but was charged with first-degree criminal ...

Freeh Report on Penn State Scandal Holds Corporate Governance Lessons

2013-01-26

Freeh Report on Penn State Scandal Holds Corporate Governance Lessons The recent indictment of former Penn State University President Graham Spanier alleges that Spanier engaged in a "conspiracy of silence" with other administrators to cover up the crimes of former football coach Jerry Sandusky. Although the media is likely to focus on the more salacious details of the Spanier indictment, it also holds important lessons for corporate boards. One of the key points arising from the indictment of Spanier is the importance of the report of Judge Louis Freeh ...

Netflix Adopts Shareholder-Friendly Poison Pill

2013-01-26

Netflix Adopts Shareholder-Friendly Poison Pill After Carl Icahn announced that he had acquired a 9.98 percent stake in Netflix, the company took steps to protect itself and its shareholders from a corporate takeover. The shareholder rights plan - also known as a poison pill - is intended to prevent Icahn from obtaining a controlling stake in the company. While the Netflix board sees its efforts as necessary to protect the company, Icahn claims that enacting the pill without a shareholder vote is an example of poor corporate governance. The exact mechanism of the ...

An Overview of Workers' Compensation in New York

2013-01-26

An overview of workers' compensation in New York It is an unfortunate reality that work can be dangerous. Of course, some professions are more hazardous than others, but nearly every job carries some risk of injury or illness. A work-related injury can cause major disruptions in a person's life. At a minimum, there will be medical care to pay for. In some cases, the worker will need to take time off to recover. In others, he or she may be left with long-lasting disabilities. When work injuries or illnesses happen, it is important for workers to avail themselves ...

The Liability of Drivers for Pedestrian Injuries in Pennsylvania

2013-01-26

The liability of drivers for pedestrian injuries in Pennsylvania Two recent accidents in Pennsylvania highlight the often-tragic results of what happens when car meets pedestrian. Near North Belle Vernon, police are investigating an accident when a man was killed while walking along Interstate 70. Unfortunately, this tragedy was compounded when two other vehicles crashed while trying to avoid the pedestrian accident. In a separate accident, a Baden man, who was driving without insurance and with a suspended license, struck a pedestrian in Ambridge, knocking him unconscious. ...

The Possible Future of Search Warrant Detentions

2013-01-26

The possible future of search warrant detentions In July 2005, Suffolk County, New York police obtained a warrant to search the apartment of Chunon Bailey. Specifically, officers were looking for a handgun described by a confidential informant. After obtaining the warrant, surveillance officers saw Bailey and another man drive away from the apartment and began to follow them. After those officers drove off, the SWAT team executed the search warrant and entered the apartment. The officers followed Bailey for approximately one mile before pulling him over. Their only ...

Establishing a Long-term Care Plan Will Ensure Seniors Are Properly Cared for in Old Age

2013-01-26

Establishing a long-term care plan will ensure seniors are properly cared for in old age. As the number of American senior citizens continues to rise, the need for good-quality, affordable long-term care options is greater than ever. For Americans of all ages, it can be difficult to determine the best way to plan for the future and ensure you will be well taken care of in old age. Since navigating through the intricacies of Medicare and Medicaid can be complicated, it is often wise to discuss your options with a skilled elder law attorney. Establish an Effective Long-Term ...

Disability: the Other Social Security Benefit

2013-01-26

Disability: the other Social Security benefit When you hear people talking about "Social Security," you most likely think of the retirement benefits that are paid to former workers who are in their sixties. However, 36 percent of Americans who receive benefits from the Social Security Administration (SSA) are not retired workers. Disability benefits The most common non-retirement benefits administered by the SSA are disability benefits. This type of benefit provides financial assistance to people who are unable to work because of a medical condition. ...

Personal Injury in Organized Athletics: Concussions and Brain Injuries

2013-01-26

Personal injury in organized athletics: Concussions and brain injuries Concussions are mysterious injuries that can cause long term and sometimes permanent brain damage. Concussions are often described as a bruise to the brain. The "bruise" is caused when the brain hits the skull at such a force that causes brain tissue to expand and brain nerves to be cut. This often occurs when the head is directly hit but can also occur when the head is forcibly snapped back. Because the brain is so delicate and complex, the force of the hit disrupts the brains function ...

'Til Debt Do Us Part: a Primer on Joint Credit

2013-01-26

'Til debt do us part: a primer on joint credit "Joint debt." Seems like a fairly simple concept, right? Two people are named on a particular debt (typically a credit card), and they both are responsible for the debt. Right? Well, that's not always how it works. Just like there are different types of joint credit, there are different kinds of joint debt. Different types of joint credit There is a huge difference between co-signed accounts, joint accounts and having one or more authorized users on a preexisting account. What is a co-signed account? A ...

LAST 30 PRESS RELEASES:

Researchers mimic a mystery of nature to make ice move on its own

PLOS Biology announces agreement to become a MetaROR partner journal

Helicobacter pylori eradication may raise risk of reflux esophagitis, meta-analysis warns

UC San Diego awarded $80 million to expand clinical trials and train tomorrow's researcher leaders

KIER develops high-performance electrodes for seawater electrolysis to produce hydrogen

High-oxygen vacancy cerium catalysts with NiFe alloy heterostructures: A pathway to efficient and stable biomass ethanol fuel tubular solid oxide fuel cells