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FELA and Railroad Settlement for Asthma

Inhaling diesel fumes while on working can lead to lung diseases, like asthma. A seasoned FELA lawyer can assist you to file an occupational disease claim against your railroad employer.

Two former railroad workers claim to lost their jobs due to chronic respiratory ailments. Their lawsuits claim that the time they spent working as locomotive engineers exposed them such as diesel and gasoline exhaust silica dust particles, paint sprays and chemical compounds.

fela railroad settlements

While most injured workers are able to submit a claim for compensation under standard state workers laws railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA offers guidelines for recovering similar to those that are in the law for workers' compensation claims.

Railroad corporations have to be held accountable if they expose their employees to harmful workplace exposures which can cause occupational diseases such as mesothelioma, fibrosis scleroderma, lung cancer or other respiratory illnesses. In contrast to workers' compensation claims, FELA suits are fault-based. This means that the railroad employee has to prove that the employer was negligent in a way. This heavy burden of evidence is what makes FELA lawsuits a source of contention. Railroad companies, therefore, strive to minimize their liability whenever possible.

FELA covers all railway employees employed by common carriers who are engaged in interstate trade, including locomotive engineers, conductors yardmasters, signal maintainers, yardmasters trackmen/maintenance of ways bridge and building workers, welders and electricians. Localized independent railroads that don't transport goods over long distances are not covered by FELA.

A skilled FELA attorney is crucial to help railroad workers pursue a successful lawsuit against the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and comprehend the complexities that arise. For a no-cost consultation contact us at 1-800-BENZENE.


Work-related Diseases

A person could develop a disease due to exposure to toxic substances at work. These illnesses are known as occupational illnesses or toxic lung disorders. The occupational diseases are usually difficult to diagnose because the signs of many lung diseases do not show up until a long time after an individual has begun their job. This is due to the lengthy intervals of latency that are associated with a lot of toxins.

Medical research must demonstrate that the illness is caused by work-related exposures. It is important to seek legal counsel when you suspect that you may have contracted a disease or illness because of your railroad job.

Examples of workplace-related illnesses include benzene leukemia, fibrosis of the lung, chronic obstructive disease (COPD) and hypersensitivity pneumonitis. These diseases are caused by the inhalation of dusts, vapors, gases fumes, and cigarettes smoke. The symptoms of these diseases differ according to the type of toxin used and the size of particle that is inhaled.

Workers can also sustain muscle injuries because of the physical nature of their work. These injuries are known as repetitive stress injuries and can cause pain or weakness in various parts of the body. For example, rail workers often suffer from lateral epicondylitis (tennis elbow), an injury that causes the tearing of tendons that are located in the upper arm.

Diesel Exhaust

Most locomotives run on diesel fuel which means that the majority of railroad employees are exposed to diesel fumes on an everyday basis. Diesel exhaust can contain a variety of contaminants, including particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust can cause a myriad of medical issues that include asthma.

Smokers are more prone to lung diseases like COPD due to the toxins found in diesel exhaust. The pollution from diesel exhaust is also a risk factor in the development of cancer, especially leukemia and non Hodgkin lymphoma.

Over the decades locomotives have run continuously in train yards, emitting a significant amount of diesel exhaust into communities around railroads. Diesel exhaust is especially harmful to the majority of minority and working-class neighborhoods the area where these rail yards are located.

The benzene found in diesel fuel and exhaust is linked to leukemia. Railroads should limit their use of these chemicals and ensure that their employees are properly educated on safety procedures. A local congressman recently asked Metrolink which is a commuter rail railway located in Los Angeles, CA, to conduct a risk study of the diesel exhaust released into the predominantly working-class areas near its maintenance yard.

Asthma

Former and current railroad employees might be able sue their employer if long-term exposure causes pulmonary conditions such as asthma. A successful FELA claim could result in a recovery for the physical, financial and emotional impacts of a pulmonary illness that is a result of work.

Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can also make everyday activities difficult. In the case of more severe asthma it is possible to be hospitalized due to respiratory failure.

It is the duty of railroad companies to ensure that their employees are safe and healthy. This includes providing adequate ventilation in the cabs of locomotives and ensuring that they use appropriate safety equipment and limiting exposure of employees to dangerous fumes. Failure to do this can cause occupational diseases like asthma, pulmonary problems and respiratory illnesses.

If you suffer from a moderate, severe, or mild asthma condition that has been caused by your time working on the railroad, you should discuss your case with an experienced New York railroad settlement asthma lawyer. The lawyer you choose to consult will assess your situation and help determine if you should file a FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could provide financial compensation for the negative impact your situation has caused to your career and life.

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