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Forceno, Goggin & Keller represents injuried 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 silicosic.
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