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The Federal Employers’ Liability Act (FELA) was designed to put negligent railroad company employers responsible for financially compensating their workers who were physically injured on the job. But at the same time, it is quite possible that their workers incurred serious illnesses from their line of work. These illnesses may take several years to develop, but they may still be traced back to being contracted on the railroad. In other words, they may be categorized as occupational diseases. With that being said, read on to discover whether a FELA claim can cover your diagnosed occupational disease and how one of the seasoned FELA lawyers at Hildebrand McLeod & Nelson LLP can help you get some sort of relief after suffering for so long.
What are occupational diseases for railroad workers?
Without question, railroad workers are exposed to harmful substances through many facets of their jobs. However, such exposure may be all the more detrimental if their railroad company employer fails to provide them with the proper training to handle these substances or safety equipment to shield them from them. Or, if they otherwise fail to remove these substances from the job site promptly.
That said, a common occupational disease amongst railroad workers is lead poisoning. This is especially seen in mechanics who perform maintenance on lead-based structures. Lead poisoning or lead exposure may ultimately lead to varying renal diseases, heart complications, and devastating effects on the reproductive system and/or nervous system.
In addition, railroad workers may be exposed to asbestos if they work on old trains insulated with it or containing it in its floor tiles. Prolonged asbestos exposure may lead to asbestosis, a type of lung disease caused by lung tissue scarring. Or otherwise, other types of serious complications to the respiratory system.
Lastly, benzene is particularly prevalent in the railroad industry. It is a chemical compound that is commonly used to produce other chemicals. Therefore, it may manifest itself in a train’s diesel fumes. Sadly, being exposed to high levels of benzene is closely linked to leukemia, a type of blood or bone marrow cancer caused by an increase in white blood cells.
Does a FELA claim cover my diagnosed occupational disease?
If you are a current or former railroad worker who is exhibiting symptoms of any of the aforementioned illnesses, you may have what is considered an occupational disease. With this, you must seek an official medical diagnosis as soon as possible. This is so you may bring this diagnosis forward alongside your FELA claim. Yes, you may have an eligible FELA claim if you can prove you unnecessarily contracted this occupational disease due to your railroad company employer’s negligence.
There is a lot to consider before initiating a FELA claim. To help you make the right considerations, please consult with one of the competent FELA lawyers. Our team at Hildebrand McLeod & Nelson LLP will guide you.