Notes

Railroad Lawsuit Mds: A Simple Definition
Railroad Lawsuits and Asthma

Railroad workers are frequently exposed to toxic fumes and chemicals such as creosote, silica, and asbestos. These exposures may lead to respiratory illnesses like asthma.

Fortunately, victims can recover compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can assist. Here are some examples of successful settlements and verdicts.

Diesel Exhaust

Because trains are powered by diesel fuels, railroad workers are exposed all day to diesel fumes. These fumes consist of soot particles and toxic chemicals. Exposure to these fumes may be a contributing factor to the development of asthma and other pulmonary diseases.


For decades, railroads have been aware of the dangers associated with diesel exhaust. Many companies haven't taken appropriate measures to safeguard their workers. Railroad workers have been diagnosed with respiratory ailments that can be crippling.

When combined with other workplace hazards like asbestos, silica and creosote exposure to diesel fumes could lead to the development of life-changing pulmonary illnesses, such as asthma. These symptoms can often prevent railroad workers from returning to their jobs and could impact the quality of their lives.

In one instance that our lawyers were able to defend, they successfully a FELA claim brought by a former engineer who claimed to have developed leukemia and other cancers due to the exposure to diesel fumes and other toxic chemicals while working on railway equipment. The court granted summary judgment for the railroads in question, deciding that Plaintiff did not conduct an intelligent research into the details of his illness at the time of diagnosis, and that his claims were time-barred.

Dust

Rail workers are exposed to a variety of dusts, including silica from ballast and coal dust. They are also exposed to petroleum or chemical fuels. These toxic substances are harmful to health and may cause respiratory illnesses like asthma.

Our FELA lawyer has helped many people to seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain diseases to make their employers accountable for failing to safeguard them from dangerous work environments.

For example, a Montana jury awarded $3.7 million to a former engineer of the locomotive who suffered from pulmonary fibrosis, a progressive lung disease that is caused by scarring of the lung tissue. In his FELA claim, he claimed that the inhalation of diesel fumes hundreds, or even thousands of times contributed to the development and progress of his lung disease. Jurors were not convinced by the defense experts' testimony that the engineer's lung condition could have a different cause.

Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Each time a train passes the Gorge it pollutes sensitive habitats for wildlife and plants, the wetlands, tributary rivers and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge as well as other places.

Asbestos

Railroad workers have been exposed to hazardous chemicals. Although asbestos has been largely eliminated from the workplace, some toxic substances are still. Chemical solvents have been proven to cause asthma and respiratory illness. This is the reason railroad employees are able to file lawsuits seeking damages from the companies who hired them.

In one case in one case, a 61-year old locomotive engineer received $2.6 million after a jury's verdict determined that his work on the railroad made him suffer from diesel asthma. This condition forced him take medical leave, which resulted in the loss of wages. He also had two back surgeries including the lumbar spine fusion with multilevels. All of this added up to significant medical costs.

He stated that He was exposed to diesel exhaust fumes as well as strong odors. He also stated that he was constantly exposed to silica particles as well as chemical compounds, spray paints, and black smoke. His chest tightened and his throat hurt. He also had difficulty swallowing. He was suffering from bronchitis and allergic rhinitis, too.

The railroads successfully argued the releases the plaintiff signed in 1996 should block his new suit since they knew about the risk at the time he was exposed to asbestos. Hughes Law Offices argued that the statute should be tolled up until the plaintiff is diagnosed with cancer in order to allow him to seek medical care and determine if his disease is linked to his work.

Poor Ventilation

If you or someone you know has been diagnosed with lung cancer, lung diseases, mesothelioma, or other types of cancer that could be caused by working in the railroad industry, you could have the right to file an action under FELA against the company that employed you. FELA lawsuits may provide compensation for medical expenses as well as lost wages, suffering and pain, and other damages. Contact an Houston FELA lawyer today to discuss your case.

A jury awarded $2.6 million to an ex- Conrail engineer in his occupational illness trial after determining the cause of his chronic asthma. The jury determined that his exposure to exhaust fumes from diesel engines was almost constant while crewing locomotives in rail yards. The lawyers representing the plaintiffs argued that railroads failed to prevent exposure by not installing adequate ventilation in the cabs of locomotives.

In addition to the diesel fumes railroad workers breathe, they often come into contact with toxic chemicals and other harmful substances while doing their jobs. Asbestos, benzene and other carcinogens are frequently found in railroad maintenance and construction materials. These dangerous substances can cause many kinds of cancers and serious health issues, including asthma.

A Houston FELA attorney can help you to hold an employer accountable for their negligence when you suffer from asthma resulting from your railroad work, or someone you love has been diagnosed with a cancer that could be connected to the railroad industry. If you contact an experienced attorney as soon as possible to maximize your chances of getting the financial compensation that you deserve for your suffering and losses.

Homepage: https://sites.google.com/view/railroadcancersettlements