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Railroad Lawsuits and Asthma
Railroad workers are often exposed to toxic fumes and chemicals like silica, creosote, and asbestos. The exposures could cause respiratory illnesses like asthma.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). A railroad lawsuit asthma attorney can be of assistance. Check out the following examples of verdicts and settlements.
Diesel Exhaust
Because trains run on diesel fuel, a majority of railroad workers are exposed variety of diesel fumes throughout the day. These fumes are composed of tiny particles of soot, gases and other toxic chemicals that could cause serious health issues. Exposure to these fumes could lead to the development of asthma and other pulmonary illnesses.
Railroads have been aware of dangers of exposure to diesel exhaust for many years. However, many companies have not taken sufficient steps to safeguard their employees. Certain railroad workers have developed respiratory illnesses that are debilitating.
When combined with other workplace hazards, like asbestos, silica, and creosote exposure to diesel fumes could lead to the development of life-changing pulmonary diseases, including asthma. These conditions often hinder railroad workers from returning to their work and can affect the quality of their lives.
In one case our attorneys successfully in defending the defense of a FELA lawsuit brought by an engineer for locomotives who claimed he contracted leukemia and other types of cancer as a result of his exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court granted summary judgment for the railroads that were defendants, and ruled that Plaintiff did not make an adequately thorough search for information regarding his condition at the time of diagnosis, and that his claims were not time-barred.
Dust
Rail workers are exposed to different dusts, including silica from ballast and coal dust. They are also exposed to chemical or petroleum fuels. These toxic substances are harmful to health and may cause respiratory diseases like asthma.
Our FELA lawyer has helped a number of people pursue compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain illnesses to hold their employers accountable for their failure to protect workers from hazardous workplaces.
For example for instance, a Montana jury gave $3.7 million to an engineer from the past who was afflicted with pulmonary fibrosis, a progressive lung disease that is caused by scarring of the lung tissue. In his FELA claim, the defendant claimed that inhaling diesel fumes hundreds, if no thousands of times, contributed to the onset and progress of his lung disease. The testimony of defense experts did not convince jurors that the locomotive engineer’s lung disease was caused by another reason.
Similar to that, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train passes the Gorge it pollutes the habitats for plants and wildlife, wetlands, tributary rivers, and the Columbia River. BNSF has decided to stop transporting coal through the Gorge and other areas.
Asbestos
Rail workers have been exposed to hazardous chemicals for a lengthy period. Other toxic substances remain in the workplace even although asbestos has been removed. Chemical solvents can cause respiratory illnesses and asthma. This is why railroad workers are able to file lawsuits seeking damages from the companies that hired them.
In one instance, a 61 year old locomotive engineer received $2.6 million following a jury verdict that found that his job at the railroad caused him to suffer from diesel asthma. This condition led him to be placed on medical leave and lose his wages. He also underwent two back surgeries, including the multilevel lumbar spine fuse. All of this added up to huge medical expenses.
He said he was constantly exposed to diesel exhaust fumes and strong smells. He also stated that his body was constantly exposed silica particles, chemical compounds, spray paints and black smoke. His chest tightened up, his throat was aching and he had difficulties swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads successfully argued the release of the plaintiff in 1996 should be a bar to his new lawsuit because he knew the risk of exposure to asbestos. Hughes Law Offices argued that the statute should be tolled until the plaintiff is diagnosed with cancer to allow him to seek medical attention and determine if the condition is related to his job.
Poor Ventilation
If you or someone near you has been diagnosed with mesothelioma, lung disease or any other type of cancer that could be linked to your job in the railroad industry you may be able to file a FELA lawsuit against the company which employed you. FELA lawsuits can award compensation for medical expenses, lost wages and suffering and pain. Contact an Houston FELA attorney today to discuss your case.
A jury awarded $2.6 million to an ex- Conrail engineer in the course of his occupational disease trial after determining the source of his debilitating asthma. The jury found that his exposure to diesel exhaust fumes was almost continuous while working with locomotives in rail yards. The plaintiffs' lawyers argued that railroads did not prevent exposure by not installing adequate ventilation in the cabs of locomotives.
In Railroad Cancer Lawsuit Settlements to the diesel fumes railroad workers breathe, they also frequently come into contact toxic chemicals and other harmful substances in their jobs. Asbestos, benzene, as well as other carcinogens are often found in railroad maintenance and construction materials. These dangerous substances can cause many kinds of cancers, as well as serious health problems, such as asthma.
If you have asthma that is the result of your working on the railroad, or when you have someone you love who has been diagnosed with cancer that could be linked to the railroad industry or a railroad, hiring a Houston FELA lawyer can help you hold your employer accountable for their incompetence. By contacting an experienced lawyer as soon as you can, you can maximize your chances of receiving the financial compensation that you deserve for your suffering and losses.
Read More: https://sites.google.com/view/railroadcancersettlements
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