Thursday, July 17, 2008

Former railroad worker sues employer for toxin exposure

Asbestos is the cause of mesothelioma, one of the deadliest cancers around. In the late 70’s asbestos was largely banned but unfortunately products already being produced were not recalled and asbestos still lingers in many peoples homes walls and office buildings. The following is a brief recap of how asbestos and mesothelioma can effect you today. If you live in an older home and are planning on tearing down walls in efforts of remodeling, it is encouraged you hire a professional to inspect your home first. By stirring up asbestos, you open the possibility of asbestos particles entering the ventilation system, which can effect everyone in the house. One such recent case was on a scientology cruise ship that has entertained the elite of the religion, including Tom Cruise. It turns out that the ship not only contained a dangerous amount of asbestos but the ship captain knew about it. This same sort of thing applies to office buildings. In New York City, for example, thousands of people were exposed to asbestos when the world trade center collapsed. The entire city was filled with a cloud of dust, and to varying degrees, asbestos. Hurricane Katrina was another huge disaster that contaminated many areas with asbestos. Even in parts of Illinois around Lake Michigan (Chicago area) residents have been warned about asbestos exposure at the beaches. Cancer from this exposure is rare but very possible and mesothelioma treatment is best when found early, so it’s suggested if you suspect exposure has happened, to see a doctor immediately. It should be noted, though, that if you are exposed it may take 10-15 years to appear so stay on your toes. Studies have recently shown that talc can cause a cancer similar to mesothelioma as well. Just like asbestos, it can cause mini cuts in your lungs or in the case of females, the ovaries. This is big news as everyday products contain talc such as baby powder, make-up and hundreds of other products. Many people use baby powder to stay fresh where the sun does not shine but based on the studies, it seems this can be a very bad thing, especially for women. So the moral of the story is that you should stay up-to-date on the causes and risks of asbestos exposure and mesothelioma. If you should discover exposure of any kind, than see a doctor and more than likely you will be ok. http://www.fccc.edu Joyce G. Nichols, Jr., once an employee of the Illinois Central Railroad, claims that exposure to toxins at his former jobsite has affected his life severelyâ€"so much so that he is suing the company, and seeks $100,000 or more in damages. Nichols worked for the Illinois Central Railroad between 1964 and 1982, and was employed as a carman. He claims that during the course of his employment he was exposed to a variety of toxins, including asbestos, diesel exhaust, environmental tobacco smoke, and various other toxic dusts, fumes, and gases. According to the Federal Employers’ Liability Act lawsuit which Nichols filed on July 2 in St. Clair County Circuit Court, Illinois, Nichols has developed permanent lung injuries due to the workplace exposure he suffered, and may one day develop cancer as a result of these lasting injuries. Nichols also claims that he suffers from “extreme nervousness as a result of his reasonable concern over the prospects of developing cancer caused by silica, asbestos, environmental tobacco smoke, and/or diesel fumes.” The lawsuit claims that the Illinois Central Railroad failed to provide Nichols with a safe workplace environment, failed to provide him with proper safety equipment, failed to provide Nichols with proper workplace ventilation, and failed to determine the contamination level of railroad equipment and buildings with regular inspections. In addition, the lawsuit claims that the company failed to warn Nichols that exposure to substances such as asbestos, silica, and diesel fumes was dangerous and could have lasting negative effects on his health. Nichols is seeking at least $100,000 in damages, plus his legal costs, as compensation for the toxin exposure he suffered, for the damage already done to his health, and in compensation for the fact that he may one day develop cancer as a result. The question is, how will a jury view the fact that Nichols is seeking compensation for a disease which he has not yet developed? Exposure to asbestos is the only known cause of a serious and lethal cancer called mesothelioma, for which there is no cure. However, not all people who are exposed to asbestos will develop mesothelioma. A jury may be likely to decide that Nichols is not entitled to compensation for a disease from which he does not suffer, even though such a history of toxin exposure vastly increases the likelihood of developing some type of cancer. (Source: Asbestos and Mesothelioma News)

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