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FELA and Railroad Settlement for Asthma
Asthma and pulmonary diseases can be caused by diesel fumes that are emitted from the workplace. An experienced FELA lawyer can assist you to in filing a claim for occupational disease against your railroad employer.
Two former railroad workers claim they've lost their job because of debilitating breathing problems. The lawsuits claim that the years spent as locomotive engineers exposed them to toxic substances like gasoline and diesel exhaust silica dust particles chemical compounds and paint sprays.
FELA
Railroad employees have to submit claims under the Federal Employers Liability Act. FELA has guidelines for recovery that are similar to those for workers' compensation.
Railroad corporations are responsible for occupational diseases such as mesothelioma and lung cancer. Unlike workers' compensation cases, FELA suits are fault-based. This means that the railroad worker must to prove that the employer was negligent in any way. This high burden of evidence makes FELA lawsuits a source of contention. Consequently, railroad companies fight to minimize their liability as often as possible.
FELA covers all railway employees employed by common carriers in interstate commerce. This includes conductors/yardmasters, locomotive engineers and signal keepers, trackmen/maintenance bridge and building employees, welders, and electricians. Localized independent railroads that do not transport goods over long distances are exempted from the FELA.
A skilled FELA lawyer is required to help a railroad employee pursue a successful lawsuit and hold the company responsible for their injuries. Benzene Lawyers has extensive experience in this area of law and is familiar with the intricate issues involved. For a no-cost consultation, contact us at 1-800-BENZENE.
Work-related Diseases
An individual can develop a condition due to exposure to toxic substances while at work. These diseases are also known as toxic lung disorders or occupational illnesses. They can be challenging to recognize, as the symptoms of lung disorders typically do not manifest until the time an individual begins working. This is due the long time of latency associated with many contaminants.
Medical research must demonstrate that the disease is a result of work-related exposures. This is the reason it is essential to seek legal counsel immediately if you suspect that you've developed a disease or illness because of your railroad job.
Work-related illnesses can include benzene leukemia, fibrosis and oedema of the lung, chronic obstructive disease (COPD) and hypersensitivity pneumonitis. These illnesses result from inhalation of dusts, gases, vapors and fumes as well as cigarette smoke. railroad asbestos settlement of these illnesses vary depending on the type of toxin being used and the size of the particle that is inhaled.
Workers may also suffer from muscle and skeletal injuries as a result of the physical demands of their jobs. These types of injuries are referred to as repetitive stress injuries. They can cause weakness and pain in different parts of the body. Rail workers, for instance are frequently affected by tennis elbow or lateral epicondylitis. The injury causes tear of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is used by almost all locomotives, so railroad workers are regularly exposed to diesel fumes. Diesel exhaust contains many contaminants, including particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust can cause a range of health issues such as asthma.
Smokers are more vulnerable to lung diseases such as COPD due to the toxins in diesel exhaust. The exhaust pollution caused by diesel is also a risk factor for the development of cancer, particularly leukemia and non Hodgkin lymphoma.
Over the years, locomotives have been running continuously in train yards, release a lot of diesel exhaust into the communities surrounding railroads. Diesel exhaust is especially dangerous for the majority working-class and minority neighborhoods located near these railroad yards.
The benzene present in diesel exhaust and fuel is linked to leukemia. Railroads must limit the use of these chemicals and ensure that their employees are trained on safety procedures. For instance a congressman from the area has recently called on the commuter rail railroad Metrolink to conduct an assessment of the risk associated with exhaust from its diesel engine that is released into the primarily working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA.
Asthma
If long-term exposure to diesel exhaust causes pulmonary disorders such as asthma railway employees could be eligible for a claim against their employer. A successful FELA claim may allow for compensation for the financial, physical and emotional impacts of a pulmonary illness that is a result of work.
Asthma symptoms include wheezing and coughing. They can also cause chest tightness as well as shortness of breath. It can also make your daily activities difficult. In more severe cases, asthma can result in a person being hospitalized for respiratory failure.
Railroad companies have a responsibility to ensure that their workers are safe and healthy. This means that they must ensure that the cabins of locomotives are properly ventilated, with the proper safety gear, and limiting the exposure of workers to harmful fumes. If this is not done, it can result in occupational illnesses like asthma and pulmonary issues, and even other respiratory diseases.
If you suffer from mild, moderate, or severe asthma, which you believe is caused by your railroad work then you should consult an expert New York railroad settlement attorney. Your lawyer can assess the situation and determine whether a FELA lawsuit against your employer would be your best option. A successful FELA lawsuit could award financial compensation for the negative impact your illness has affected your career and personal life.
My Website: https://sites.google.com/view/railroadcancersettlements
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