New York Railroad Injury Lawyer
Working on the railroad has been one of the most dangerous professions ever since the invention of the train. Railroad employees are exposed to many dangerous substances and chemicals on a regular basis.
If you or a loved one have worked with trains and suffered effects such as cancer, asbestosis, or other illnesses caused by dangerous working conditions, it is advisable to consult an experienced New York railroad injury lawyer. In many cases, it could take years for the effects to manifest. Even if your exposure was some time ago, a skilled railroad injury lawyer who understands dangers in the train industry could advise you as to whether you may be entitled to compensation.
Exposure to Dangerous Substances
Those who work on locomotives and trains such as engineers, brakemen, and conductors, frequently suffer from repeated exposure to harmful substances including asbestos and diesel exhaust. For instance, deteriorating asbestos insulation around pipes regularly becomes airborne and can cause chronic lung disease.
Railroad workers on the ground including those who maintain the right of way or work in locomotive shops may also be exposed to asbestos and exhaust, as well as other potentially hazardous substances such as silica, solvents, and weed killers that could cause cancer. A seasoned New York railroad injury lawyer could review a worker’s employment and medical history to help determine whether railroad working conditions could have caused an illness or injury.
The Federal Employers’ Liability Act Protects Railroad Workers
Most workers who suffer illnesses or injuries caused by working conditions are required to pursue claims under the New York workers’ compensation system, which severely limits the amount they can recover. However, workers in the railroad industry are covered with an older set of laws established in the Federal Employers’ Liability Act or FELA.
To recover compensation under the FELA, an injured worker must show that the railroad or an equipment manufacturer was negligent in some way and that the negligence caused harm. However, the burden of proof needed to establish liability is much lower under FELA claims than in a regular personal injury lawsuit. A diligent New York railroad injury lawyer could help a worker suffering from exposure to asbestos or another dangerous substance demonstrate how a company’s negligence caused an illness.
Damages an Injured Railroad Worker May Receive
A railroad worker harmed by working conditions may be entitled to receive compensation to offset different effects. The worker could recover funds to make up for wages lost due to time off work and anticipated lost wages in the future. In addition, the worker may obtain compensation for past doctor and hospital expenses and future medical needs.
Also, a diligent railroad injury lawyer in New York could help an injured worker recover compensation to make up for pain and suffering, mental anguish, and loss of enjoyment. If a court determines that the injured worker’s conduct contributed to the condition, their recoverable damages may be reduced per 45 U.S.C. §53. Fortunately, they will not be barred from recovering damages.
Work with an Experienced New York Railroad Injury Attorney
Since illnesses and injuries involving the railroad are handled under different laws than actions involving injuries in other situations, it is important to be aware of the applicable requirements and deadlines. An experienced New York railroad injury lawyer will not only understand these legal differences but also how to present an effective claim for recovery using FELA guidelines and case precedent.
An experienced legal advocate could fight to protect your interests and help you recover compensation to help you move forward with your life if you suffered illness or injuries caused by work in the railroad industry. For a free consultation and case evaluation to learn more about your options, call now.