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
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
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:
Being physically active, even just a couple of days a week, may be key to better health
High-fat diet promote breast cancer metastasis in animal models
A router for photons
Nurses and AI collaborate to save lives, reduce hospital stays
Multi-resistance in bacteria predicted by AI model
Tinker Tots: A citizen science project to explore ethical dilemmas in embryo selection
Sensing sickness
Cost to build multifamily housing in California more than twice as high as in Texas
Program takes aim at drinking, unsafe sex, and sexual assault on college campuses
Inability to pay for healthcare reaches record high in U.S.
Science ‘storytelling’ urgently needed amid climate and biodiversity crisis
KAIST Develops Retinal Therapy to Restore Lost Vision
Adipocyte-hepatocyte signaling mechanism uncovered in endoplasmic reticulum stress response
Mammals were adapting from life in the trees to living on the ground before dinosaur-killing asteroid
Low LDL cholesterol levels linked to reduced risk of dementia
Thickening of the eye’s retina associated with greater risk and severity of postoperative delirium in older patients
Almost one in ten people surveyed report having been harmed by the NHS in the last three years
Enhancing light control with complex frequency excitations
New research finds novel drug target for acute myeloid leukemia, bringing hope for cancer patients
New insight into factors associated with a common disease among dogs and humans
Illuminating single atoms for sustainable propylene production
New study finds Rocky Mountain snow contamination
Study examines lactation in critically ill patients
UVA Engineering Dean Jennifer West earns AIMBE’s 2025 Pierre Galletti Award
Doubling down on metasurfaces
New Cedars-Sinai study shows how specialized diet can improve gut disorders
Making moves and hitting the breaks: Owl journeys surprise researchers in western Montana
PKU Scientists simulate the origin and evolution of the North Atlantic Oscillation
ICRAFT breakthrough: Unlocking A20’s dual role in cancer immunotherapy
How VR technology is changing the game for Alzheimer’s disease
[Press-News.org] Railroad Workers Sue for Asbestos and Silica Exposure InjuriesRailroad workers are routinely exposed to risks that employees in other sectors do not encounter. The Federal Employers Liability Act aims to address these risks.