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railroad cancer settlement amounts and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can trigger pulmonary diseases, like asthma. An experienced FELA lawyer can assist you to make a claim for occupational diseases against your railroad company.
Two former railroad employees claim that they have lost their livelihoods due to debilitating respiratory ailments. The lawsuits assert that their working as locomotive engineers were exposed to toxins, including gasoline and diesel exhausts, silica particles chemical compounds and paint sprays.
FELA
While most injured workers can file a claim for compensation under the standard state workers' compensation statutes, railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to those for workers' compensation.
Railroad companies must be held accountable when they expose their employees to toxic workplace exposures and then cause occupational diseases such as mesothelioma, fibrosis lung cancer, scleroderma, or other respiratory illnesses. In contrast to workers' compensation cases, FELA lawsuits are fault-based and the railroad worker must prove the negligence of the employer was at least some part in the injury and resulting damages. This heavy burden of proof is what makes FELA lawsuits contentious. Therefore, railroad companies attempt to minimize their liability as much as they can.
FELA covers all railway employees employed by common carriers in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance-of way, bridge and building employees electricians, welders and welders. Some exceptions are made for localized independent railroads that do not utilize their tracks to transport goods over long distances.
A seasoned FELA lawyer is crucial to help railroad employees to file a successful lawsuit and hold the company accountable for their injuries. Benzene Lawyers has extensive experience in this field of law and is well-versed with the complicated issues involved. Contact us at 1-800-BENZENE to schedule a no-cost consultation.
Work-related Diseases
A person may get sick due to exposure to toxic substances at work. These conditions are also known as toxic lung disorders or occupational diseases. These conditions are often difficult to recognize because the symptoms of many lung problems do not appear until long after a person has started working at their job. This is due to the long latency periods associated with many toxic substances.
Medical research must prove that the disease is caused by work-related exposures. It is essential to seek legal counsel immediately if you suspect you've developed a disease or illness as a result of your railroad work.
Some workplace-related diseases include benzene lung cancer, fibrosis, chronic obstructive pulmonary disease (COPD) as well as hypersensitivity pneumonitis, and chronic obstructive airway diseases. Inhalation of vapors and gases dusts and fumes as well as cigarette smoke can cause these diseases. The symptoms of these diseases can vary depending on the type of toxin as well as particle size inhaled.
Workers may also suffer from muscle and skeletal injuries as a result of the physical demands of their jobs. These kinds of injuries are known as repetitive stress injuries. They may cause weakness and pain in various parts of the body. Rail workers, for instance, are often affected by tennis elbow or lateral epicondylitis. This injury can cause rupture of the tendons of the upper arms.
Diesel Exhaust
Almost all locomotives use diesel fuel which means that most railroad workers are exposed to diesel fumes on a regular basis. Because diesel exhaust is a source of pollutants like particulate matter, volatile organic compounds and toxic metals, exposure over a long period can lead to a variety of health problems, including asthma.
Smokers are more prone to lung diseases such as COPD due to the toxins found in diesel exhaust. The pollution that comes from diesel exhaust is also a risk factor in the development of cancer, particularly leukemia and non Hodgkin lymphoma.
For decades, locomotives would be running continuously at train yards, dumping a great deal of diesel exhaust into communities near the railroad. Diesel exhaust is especially hazardous for the majority of working class and minorities communities that are close to these railway yards.
The benzene that is found in diesel exhaust and fuel is associated with leukemia. Railroads need to limit the use of these chemicals and ensure that their employees are properly trained on safety procedures. For instance local congressman has recently asked the commuter rail railroad Metrolink to conduct a risk assessment of the exhaust from its diesel engine which is released into primarily working-class neighborhoods around its maintenance yard in Los Angeles, CA.
Asthma
If long-term exposure to diesel exhaust causes pulmonary disorders such as asthma or bronchitis, former and current railroad employees could be eligible for a claim against their employer. A successful FELA claim could lead to compensation for the financial, emotional and physical repercussions of a work related pulmonary condition.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness as well as shortness of breath. It can also make daily activities difficult. In more severe cases, asthma can cause a person to be admitted to hospital due to respiratory failure.
Railroad companies have a duty to ensure that their employees are safe and healthy. This means that they must ensure that the locomotive cabs are well ventilated, with the proper safety equipment, and minimizing the exposure of workers to harmful fumes. Failure to comply with this can cause occupational health issues such as asthma, pulmonary ailments and other respiratory illnesses.
If you have a mild, moderate or severe asthma condition that is the result of your work on the railroad, discuss your situation with an experienced New York railroad settlement asthma lawyer. Your lawyer will evaluate the situation and determine if filing a FELA suit against your employer would be beneficial for you. A successful FELA lawsuit could provide financial compensation for the negative impact your situation has had on your professional and life.
My Website: https://sites.google.com/view/railroadcancersettlements
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