Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful chemicals and fumes such as asbestos and silica. These exposures may lead to respiratory illnesses like asthma.
Fortunately, victims are entitled to compensation under the Federal Employers' Liability Act. A reputable railroad lawsuit asthma lawyer will assist. Here are a few examples of settlements and verdicts.
Diesel Exhaust
Because trains run on diesel fuel, most railroad workers are exposed to a variety of diesel fumes through the day. These fumes comprise a mix of tiny soot particles, gases, and other toxic chemicals that can cause serious health issues. Exposure to these fumes may lead to the development of asthma and other pulmonary diseases.
Since decades, railroads have been aware of the risks associated with diesel exhaust. Many companies have not implemented adequate safeguards to protect their workers. As a result, some railroad workers have suffered from respiratory diseases that are debilitating.
When combined with other workplace hazards like asbestos, silica, and creosote exposure to diesel fumes can result in the development of life-threatening pulmonary illnesses, such as asthma. cancer lawsuit can prevent railroad workers from returning to their jobs and may reduce the quality of their lives.
In one instance, our lawyers successfully represented the defense of a FELA lawsuit filed by a locomotive engineer who claimed he contracted leukemia, as well as other cancers as a result of exposure to toxic chemicals and diesel fumes while working on railroad equipment. The court ruled in favor of summary judgment for the defendant railroads. It ruled that Plaintiff had not made an informed search regarding his illness when the disease was discovered, and that the claims he made are time-barred.
Dust
Railroad workers are frequently exposed to a variety of dust, such as silica from ballast, coal dust, and chemical or petroleum fuels. These toxic substances are harmful to the health of workers and can lead to respiratory illnesses such as asthma.
Our FELA lawyer has assisted many people seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain illnesses to make their employers accountable for failing to protect them from unsafe work environments.
A Montana jury, for instance has awarded $3.7 Million to a former locomotive engineer who was suffering from pulmonary fibroidsis, which is a chronic lung condition caused by scarring of the lung tissue. His FELA claim alleged that the inhalation of diesel exhaust on a number of, if not thousands, of occasions led to the development of his lung disease. The testimony of the defense experts did not convince jurors that the locomotive engineer’s lung disease was caused by an unrelated reason.
Similar to that, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train crosses the Gorge it pollutes sensitive habitats for plants and wildlife, the wetlands, tributary rivers and the Columbia River. BNSF has accepted to stop transporting coal in the Gorge, and other locations.
Asbestos
Rail workers have been exposed to hazardous chemicals for a long time. While asbestos has been largely eliminated from the workplace, other toxic substances are still. Chemical solvents, for instance, have been found to cause asthma and other respiratory ailments. This is the reason railroad workers are able to file lawsuits seeking damages from the companies that hired them.
In one instance the jury found that a locomotive engineer aged 61 was suffering from diesel asthma due to his work on railroads. This illness caused him to be placed on medical leave and lost wages. He also required two back surgeries, which included the multi-level lumbar spine fusion, all of which added up to a significant amount of medical expenses.
He stated that while working on different railways he was exposed to diesel exhaust fumes strong smells silica dust particles spray paints and chemical compounds including black smoke as well as welding grease, motor grease and engine oil. His chest tenseened, his throat hurt and he experienced difficulty swallowing. He also was suffering from allergies and chronic bronchitis.
Railroads successfully argued that the release of the plaintiff in 1996 should be a bar to the new lawsuit as he was aware of the dangers being exposed to asbestos. Leukemia lawsuit argued that the time limit for filing a lawsuit should be tolled until the plaintiff was diagnosed with cancer in order to allow him the chance to seek medical treatment and determine if the condition was related to his work.
Poor Ventilation
If you or someone near you has been diagnosed with mesothelioma, lung disease or any other type of cancer that may be related to your employment in the railway industry, you could be eligible to bring an FELA lawsuit against the company that employed you. FELA lawsuits may provide compensation for medical expenses, lost wages, and suffering and pain. Contact a Houston FELA attorney today to discuss your case.
cancer lawsuit has awarded a former Conrail engineer $2.6 million in the course of his occupational illness trial after concluding that the retiree's asthma-related illness was the result of his frequent exposure to diesel exhaust fumes when working on locomotives at rail yards. The plaintiff's attorneys argued that the railroad failed to protect against this kind of exposure by not putting in proper ventilation in the locomotive cabs.
In addition to the diesel fumes railroad workers breathe, they also frequently come in contact with toxic chemicals as well as other harmful substances during their jobs. In the construction and maintenance of railroad materials asbestos, benzene, and other carcinogens are found. Unfortunately, these hazardous materials can cause many different cancers and serious health conditions, including pulmonary conditions like asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence If you suffer from asthma resulting from your railway work, or if someone you love has been diagnosed with cancer that is linked to rail industry. A professional attorney you can trust will help you maximize your chances of obtaining the financial compensation you are entitled to for your loss and suffering.