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Areas of Practice and Types of Claims |
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Keller
& Goggin P.C. represents
injured railroad workers in many types of FELA cases.
Any on-the-job injury is a potential FELA claim. Some of
the more common injuries and job related diseases that
we deal with are listed below. |
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Worn-Out Body Parts |
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Railroad workers are
exposed to repetitive stress and cumulative trauma from
years of Railroad work which affect their joints,
including the neck, back, shoulders, elbows, wrists,
hips, knees, ankles and feet. If your doctor
diagnoses you with injuries to any of these parts of
your body related to years of working on the railroad,
you may be entitled to compensation for loss of past and
future wages, medical expenses and pain and suffering
damages under the Federal Employers Liability Act
(FELA). The FELA allows you to make a claim within
three (3) years of the date you knew or should have
known you had a work-related injury. Even
though you may have had a gradual onset of your joint
problems over many years, the FELA protects railroad
workers who later learn that their degenerative
condition or joint problem is work-related.
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These injuries and
subsequent loss of employment may also lead to treatment
for depression which can also become part of a
disability claim. The value of a worn-out
disability claim depends on many factors, some of which
include the amount of wage loss, medical expenses, the
amount and kind of medical treatment for therapy, pain
management and whether or not your condition required
surgery or may require surgery in the future.
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Carpal Tunnel Syndrome |
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Evidence shows that railroad workers are at
significant risk for developing Carpal Tunnel
Syndrome due to the stresses they are exposed to at
work while using their hands, wrists, elbows and/or
shoulders. Particular risk factors include,
repetition, force, vibration, awkward hand and arm
positions, and low temperatures.
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Symptoms of Carpal Tunnel Syndrome may include pain,
weakness, or numbness in the hand and wrist,
radiating up the arm. While painful sensations may
indicate other conditions, carpal tunnel syndrome is
the most common neuropathy associated with railroad
work.
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Symptoms do not necessarily occur
on-the-job exclusively. Many railroad workers experience
these sensations at night and their sleep is interrupted
by pain, numbness, and "pins and needles".
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HAVS (Hand-Arm Vibration Syndrome)
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Railroad workers are exposed to
excessive vibration from using tools that cause
vibration injuries (HAVS) to your fingers and hands. A
doctor may diagnose you with Raynaud’s Phenomenon,
Vibration White Finger and other related ailments. These
ailments may be described as damage done to your
capillaries, arteries, vascular system and nerves by
your doctor. Some of the symptoms that you may
experience early on are numbness to your fingers and
hands and in worse cases they may turn white or blue or
red when exposed to vibration or to cold weather causing
numbness and loss of feeling to severe pain. There are 5
stages of HAVS. These attacks occur gradually at first
but eventually cause permanent damage to your fingers
and hands. This condition restricts the flow of blood
to the hand and may cause gangrene requiring the
amputation of fingers or even parts of hands if the
exposure to vibration or cold weather continues.
If you have experienced these symptoms you should
immediately consult your physician.
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Whole-Body Vibration |
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Railroad Machine Operators are
exposed to repetitive stress and cumulative trauma
disorders from operating equipment that causes vibration
injuries to their backs. Railroad Machine
Operators may suffer worn-out injuries to their backs
such as bulging discs, herniated discs, spinal stenosis
and degenerative disc disease, to name a few of the type
of injuries related to years of operating unsafe
equipment that exceeds the vibration standards. This
claim is very difficult to prove in court and it
requires that you have had, or may require surgery to
your back in the near future. You must also be
able to identify the various machines and equipment that
you operated over the years so that we may hire medical
vibration experts to test and measure the amount of
vibration that you endured.
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Chemical Exposure |
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Depending on your
occupation, you could be exposed to numerous, dangerous
chemicals in your daily work environment. The railroads
have become more and more safety conscientious, however,
we have found that many people were exposed to dangerous
chemicals without protection over the years of their
railroad career.
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In the work
environment, chemicals that can cause potential problems
are found in the following agents: cleaning solvents,
dry cleaning solvents, spray paints, paint removers,
dyes, fuel such as gasoline and kerosene, degreasers and
lubricants.
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Diesel Fume Exposure |
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Diesel exhaust has been identified as a cause of
lung cancer among railroad workers. Medical evidence
supporting the link is substantial enough that the
National Institute for Occupational Safety and
Health has recommended that "whole diesel exhaust be
regarded as 'a potential occupational carcinogen' as
defined in the Cancer Policy of the Occupational
Safety and Health Administration."
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Exhaust from
diesel-powered engines, including locomotives, is the
result of incomplete combustion of fuel. Diesel exhaust
emissions are generally analyzed as having two component
phases. The first component is called the gaseous phase
and includes such gases as carbon monoxide, carbon
dioxide, formaldehyde, acrolein, nitrogen oxide, and
nitrogen dioxide. The second phase component, called the
particulate phase, contains most of the carcinogens
found in diesel exhaust.
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Epidemiological
studies of diesel-exposed railroad workers have
estimated that shop craft workers like electricians,
machinists, and shop foremen, who work indoors, are the
most heavily exposed to diesel exhaust.
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Welding Fume Exposure |
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Many railroad
workers are exposed to welding fumes as part of their
jobs. The most serious risk associated with occupational
exposure to welding rod fumes are the development of
manganism or manganese poisoning.
Manganism or
"Welder's Disease" is the name given to a combination of
symptoms suffered by workers whose brains have been
injured by prolonged exposure to manganese fumes. The
condition occurs because too much manganese damages the
part of the brain that controls body movements.
Symptoms of manganism
include:
- Tremors
- Slowed movement
- Decreased hand agility
- Depression
- Difficulty walking
- Increased irritability
- Poor balance
- Loss of short-term memory
- Slurred speech
- Mood swings
Although some
symptoms of manganism can be treated, there is no cure.
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Asbestos Exposure |
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Mesothelioma is a very serious form of cancer that
is almost always caused by exposure to asbestos. The
most common forms of Mesothelioma affect the lining
of the lung or the lining of the abdominal cavity.
Even a brief or minimal exposure to asbestos can
cause Mesothelioma. For example, workers who
unknowingly brought asbestos dust into their homes
on their work clothes have resulted in asbestos
injuries to their wives and children.
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Mesothelioma has a long latency period. This means
that victims of Mesothelioma were exposed to
asbestos many years before the cancer developed. The
average latency period for Mesothelioma is
approximately 30 years, but can be shorter than 15
years or longer than 40 years.
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Victims of Mesothelioma may
also have another asbestos-related disease such as
asbestosis or pleural disease. These non-cancerous
conditions, although caused by asbestos, are
medically separate and distinct diseases from
Mesothelioma. Therefore, a disease such as
asbestosis does not "develop" into Mesothelioma.
Because asbestosis has a shorter latency period than
Mesothelioma, some Mesothelioma victims also develop
asbestosis many years before developing the cancer.
A person can develop Mesothelioma but never have
asbestosis or any other asbestos-related disease.
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If you have
mesothelioma, you were likely exposed to asbestos. Many
asbestos manufacturers and distributors and the
railroads have known for years that asbestos was
hazardous. These companies were well aware of the health
implication of their products yet they made the business
decision not to warn the public and their customers of
those hazards.
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You may have a right of recovery against the
railroad and the manufacturers because these
companies are now being held responsible for
compensating mesothelioma sufferers and their
families. This could help defray the costs of
treatment and provide compensation for you and your
loved ones for your pain and suffering.
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Silicosis |
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Railroading has been identified as one of the
industries with greatest risk for
silicosis. Caused
by inhalation of crystalline silica dust,
silicosis is 100
percent preventable, though the lung disease is not
curable once it has developed. Every year, more than
250 Americans die of
silicosis, which has also been associated
with bronchitis, tuberculosis and lung cancer in
some studies. The exposure to the silica dust can
cause lung scarring that makes it difficult to
breathe.
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Silicosis lawsuits filed by former or
current railroad workers have occurred, alleging
railroad companies
failed to adhere to federal standards until the late
1990s after thousands of
workers continued to be at risk for
developing silicosis.
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