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Silicosis and railroad work?

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Silicosis and railroad work?
Posted by ronrunner on Tuesday, August 17, 2021 8:24 AM

I now have minor discord atectasis in my medial right base but otherwise my lungs are clear . I worked in and around railroads and active yards and trains in dry summers and was wondering if the ballast and brake dust would be a  issue.

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Posted by Juniata Man on Tuesday, August 17, 2021 8:30 AM

ronrunner

I now have minor discord atectasis in my medial right base but otherwise my lungs are clear . I worked in and around railroads and active yards and trains in dry summers and was wondering if the ballast and brake dust would be a  issue.

 

No offense intended but, I'm often puzzled when folks post questions like this here rather than discussing with their physician. In any event, a quick Google search turns up plenty of info including the following:

https://www.osha.gov/laws-regs/standardinterpretations/1996-08-20

CW

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Posted by Overmod on Tuesday, August 17, 2021 9:14 AM

You'll get better information when you spell the condition correctly: discoid (or platelike) atelectasis.

Here you can follow up on the information Juniata Man provided; this was a search to find the current list of 'silicosis coordinators' but I see other potentially useful things in the results:

https://search.osha.gov/search?affiliate=usdoloshapublicwebsite&query=Silicosis+coordinator

I have no knowledge about this other than casual reading, and I second the opinion that -- aside from getting information from railroaders about actual and perceived risks from silicosis/asbestosis/etc. -- you consult actual physicians familiar with the condition or its potential consequences.

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Posted by Backshop on Tuesday, August 17, 2021 9:26 AM

First it was caternary, now this.  It looks like someone is looking for a lawsuit or a disability claim.

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Posted by rdamon on Tuesday, August 17, 2021 10:20 AM

1-800-SUE-RAIL ?

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Posted by Overmod on Tuesday, August 17, 2021 3:44 PM

rdamon

Here's the next worst thing:

https://www.hollandtriallawyers.com/practice-area/fela/

Go there for more than a few seconds and they'll open a live chat session for ya!

Raymond could certainly find some answers via that chat.  Whether they'd be correct is a more complicated question Wink

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Posted by MidlandMike on Tuesday, August 17, 2021 9:27 PM

Quartzite, granite and basalt/trap rock are all made of silicate minerals.

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Posted by jeffhergert on Tuesday, August 17, 2021 11:37 PM

Overmod

 

 
rdamon

 

Here's the next worst thing:

 

https://www.hollandtriallawyers.com/practice-area/fela/

Go there for more than a few seconds and they'll open a live chat session for ya!

Raymond could certainly find some answers via that chat.  Whether they'd be correct is a more complicated question Wink

 

Do you know what FELA is?  How it affects railroad workers?

In case you, or others on here, don't know, railroad employees aren't covered by workman's compensattion.  When they get sick or injured on the job they have two options, either take what the railroad, through claim agents, offer or sue the company.  This firm, and there are others, have lawyers who practice FELA law. 

Jeff

 

 

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Posted by zugmann on Wednesday, August 18, 2021 1:14 AM

Overmod
Here's the next worst thing:

Why is it the worst thing?

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any

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Posted by Juniata Man on Wednesday, August 18, 2021 8:32 AM

To Jeff and Zug specifically; I can recollect about a decade or so back when this problem was first mentioned in the trade publications. Back then, if memory serves, the condition was far more prevalent in folks who had worked in MOW than TE&Y. Is this still the case?

CW

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Posted by Backshop on Wednesday, August 18, 2021 10:18 AM

I would think so since you'd get a lot of dust raised when dumping or cleaning ballast.  Undisturbed, it just sits there.

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Posted by rdamon on Wednesday, August 18, 2021 11:05 AM

jeffhergert

Do you know what FELA is?  How it affects railroad workers?

In case you, or others on here, don't know, railroad employees aren't covered by workman's compensattion.  When they get sick or injured on the job they have two options, either take what the railroad, through claim agents, offer or sue the company.  This firm, and there are others, have lawyers who practice FELA law. 

Jeff

 

 

Thanks Jeff ...

Looking at their website:

FELA cases have a three (3) year Statute of Limitations which requires you to bring your case to court within three (3) years of an injury at work. If you fail to do so, your claim could be barred FOREVER.


Is there a different process for things like Asbestos or Silicosis exposure? 

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Posted by Overmod on Wednesday, August 18, 2021 1:20 PM

zugmann
Why is it the worst thing?

Only in the eagerness to sue and use of multimedia to get people to be clients.  It is not quite to the level of national-promotion schemes that are prospective fishing expeditions (the 1-800-BAD DRUG sort of thing that SUE-RAIL is a parody of) but (to me) it still has the put-our-profits-first kind of vibe.

You can promote fairness and equity for rail workers exposed to sand dust, brake dust, ballast fines, etc. without a fancy Web site and large money settlement rhetoric.

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Posted by ORNHOO on Wednesday, August 18, 2021 2:04 PM
This is not entirely germane to the OP's question, but...I recently watched the show "Man versus History" on the History Channel: https://play.history.com/shows/man-vs-history#episodes One of the experts (on the subject of John Henry) stated his belief that John Henry, like the majority of the laborers the C&O leased from penitentiaries to bore tunnels, died from silicosis from working in the rock dust saturated air inside the tunnel bores, not from working himself to death against the steam drill as the song would have it.
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Posted by BaltACD on Wednesday, August 18, 2021 2:40 PM

ORNHOO
This is not entirely germane to the OP's question, but...I recently watched the show "Man versus History" on the History Channel: https://play.history.com/shows/man-vs-history#episodes One of the experts (on the subject of John Henry) stated his belief that John Henry, like the majority of the laborers the C&O leased from penitentiaries to bore tunnels, died from silicosis from working in the rock dust saturated air inside the tunnel bores, not from working himself to death against the steam drill as the song would have it.

Same difference really.  Dimished breathing overstresses the heart when subject to a high level of physical activity.

Never too old to have a happy childhood!

              

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Posted by Backshop on Wednesday, August 18, 2021 3:58 PM

Overmod

 

 
zugmann
Why is it the worst thing?

 

Only in the eagerness to sue and use of multimedia to get people to be clients.  It is not quite to the level of national-promotion schemes that are prospective fishing expeditions (the 1-800-BAD DRUG sort of thing that SUE-RAIL is a parody of) but (to me) it still has the put-our-profits-first kind of vibe.

 

You can promote fairness and equity for rail workers exposed to sand dust, brake dust, ballast fines, etc. without a fancy Web site and large money settlement rhetoric.

 

You sort of do have to advertise for that.  For one thing, it's a very specialized part of the law.  Most lawyers wouldn't even be aware of it.  Secondly, with railroad workers spread out throughout the country, you have to advertise nationally.  There isn't any concentrated area of railroads (except maybe Chicago) where a firm could find enough clients.

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Posted by Overmod on Wednesday, August 18, 2021 4:56 PM

It's not the establishment of national presence, or even of advertising (which in my memory was illegal for law firms to do) but the tone and methods they use.

I notice there are other firms specializing in the railroads' side of these cases, which I think does bolster the argument that this is a specialized area of litigation.

What surprises me is that individuals would not be guided and supported by their Union in securing effective counsel without need for ambulance-chasing advertising -- and that abating and managing demonstrable risk in some of these conditions be taken up in collective bargaining.  With respect to silicosis, which I understand to be a slow and cumulative problem for most potentially affected railroaders, a question might be when a three-year FELA 'clock' would be considered to start; another would be if early signs and symptoms might be confused with other conditions 'not of railroad origin'... or asserted by railroad counsel not to be.  These are things that the Union might systematize and then track and execute to assist its members.

I don't know the proportion of MOW or other employees who are not unionized.  It might be interesting to see forms of organization that might support those employees in safety-related claims without their having to rely on advertising touts.

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Posted by jeffhergert on Wednesday, August 18, 2021 9:58 PM

Overmod

It's not the establishment of national presence, or even of advertising (which in my memory was illegal for law firms to do) but the tone and methods they use.

I notice there are other firms specializing in the railroads' side of these cases, which I think does bolster the argument that this is a specialized area of litigation.

What surprises me is that individuals would not be guided and supported by their Union in securing effective counsel without need for ambulance-chasing advertising -- and that abating and managing demonstrable risk in some of these conditions be taken up in collective bargaining.  With respect to silicosis, which I understand to be a slow and cumulative problem for most potentially affected railroaders, a question might be when a three-year FELA 'clock' would be considered to start; another would be if early signs and symptoms might be confused with other conditions 'not of railroad origin'... or asserted by railroad counsel not to be.  These are things that the Union might systematize and then track and execute to assist its members.

I don't know the proportion of MOW or other employees who are not unionized.  It might be interesting to see forms of organization that might support those employees in safety-related claims without their having to rely on advertising touts.

 

The Holland law firm is one of our designated legal councils.  We have about three or four that have representatives come to our Division (what other union's usually call "locals") meetings.  There are others that may not have representatives close to our Division, but would be able to represent one of our members.  That's probably why they advertise. 

A couple of notes.  One.  An employee could use any law firm, even one that doesn't specialize in FELA.  I'm not sure why one would do that, but you could.  Two.  FELA would only apply to railroad employees.  A non-railroader wouldn't qualify to sue the railroad using FELA.  This particular advertisement is useless to the general public.

Just about all employees on the class ones, and employees on some of the regionals and short lines, are union members.  UP, and I think all the railroads that UP acquired, had/have Union Shop agreements.  This means you have to belong, at least in part, to one of the recognized railroad unions.  (You can be what's called a "dues objector."  You aren't a full member, but pay dues at a reduced rate to cover the costs of maintaining the contract.)  I believe the non-operating crafts (MOW, Mechanical, Signal, etc.) also have Union Shop agreements.

Jeff      

 

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