Notes

An Intermediate Guide In Railroad Lawsuit Mds
Railroad Lawsuits and Asthma

Rail workers are often exposed to harmful chemicals and fumes like silica and asbestos. These exposures can cause respiratory disorders like asthma.

Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can help. Here are a few examples of settlements that have resulted in successful verdicts.

Diesel Exhaust

Since trains run on diesel fuel, the majority of railroad workers are exposed to a variety of diesel fumes throughout the day. These fumes consist of soot particles as well as toxic chemicals. Exposure to these fumes could lead to the development of asthma and other lung diseases.

For decades railroads have been conscious of the risks associated with diesel exhaust. Many companies haven't taken the proper precautions to protect their employees. As a result, some railroad workers have been diagnosed with respiratory ailments that are severe and debilitating.

Excessive exposure to diesel fumes when coupled with other workplace hazards, such as asbestos, creosote or silica, can lead to life-changing lung diseases, including asthma. These symptoms can often prevent railroad workers from returning to work and may reduce the quality of their lives.

In one instance, our lawyers successfully defended the rights of a FELA lawsuit brought by an engineer for locomotives who claimed he contracted leukemia, as well as other cancers as a result of his exposure to toxic diesel fumes and toxic chemicals when working on railroad equipment. The court granted summary judgment in favor of the defendant railroads, ruling that Plaintiff did not make an adequate 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 different dusts, including silica from ballast and coal dust. They can also be exposed to chemical or petroleum fuels. These toxic substances pose a threat to health and can trigger respiratory diseases like asthma.

Our FELA attorney has assisted many people seek compensation for their exposure to these substances. FELA allows employees suffering from certain illnesses to hold employers accountable for not protecting them from unsafe workplaces.

A Montana jury, for example gave $3.7 Million to an engineer from the past who suffered from pulmonary fibroidsis, which is a progressive lung condition caused by scarring of lung tissue. In his FELA claim, the plaintiff claimed that the inhalation of diesel fumes hundreds, if no thousands of times contributed to the onset and the progression of his lung condition. railroad class action lawsuit of the defense experts failed to convince jurors that the engineer's lung disease was due to another source.

Similar to this, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train travels through the Gorge it pollutes the sensitive habitats for wildlife and plants, stream tributary wetlands and the Columbia River with coal dust and other debris. BNSF has announced that it will stop bringing coal in the Gorge and other areas.

Asbestos

Rail workers have been exposed chemicals for a long time. Other toxic materials remain in the workplace, even although asbestos has been removed. Chemical solvents, for example are recognized to cause asthma and respiratory diseases. This is the reason railroad workers may file lawsuits to recover damages from the companies that employed them.

In one instance in one case, a 61-year old engineer in the field of locomotives was awarded $2.6 million after a jury verdict found that his work on the railroad caused him to suffer from diesel asthma. The illness led him to be on medical leave and lose his wages. He also underwent two back surgeries including a multilevel lumbar spine fusion. All of this added up to substantial medical costs.

He stated that 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. The chest tightened, the throat ached, and he was having difficulty swallowing. He also was afflicted by allergies and chronic bronchitis.

The railroads successfully argued that the releases that plaintiff signed in 1996 should bar his new suit because he was aware of the danger 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 to give him time to seek medical care and determine if his disease is linked to his job.

Poor Ventilation


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

A jury awarded $2.6 million to an ex- Conrail engineer in his occupational illness trial after determining what caused his asthma-related debilitating condition. The jury concluded that his exposure to diesel exhaust fumes was every day while working in rail yards. The lawyers for the plaintiff argued that the railroad did not stop this type of exposure through the lack of adequate ventilation in the cabs of locomotives.

In addition to the diesel fumes that railroad workers breathe, they frequently come in contact with toxic chemicals as well as other harmful substances during their job. In the construction and maintenance of railroad materials, asbestos, benzene and other carcinogens are found. Sadly, these dangerous materials can cause many different cancers as well as other serious health issues, including pulmonary illnesses like asthma.

A Houston FELA attorney can help you to hold an employer accountable for their negligence If you suffer from asthma resulting from your railroad work, or if someone close to you has been diagnosed with cancer that may be linked to rail industry. A professional attorney you can trust can increase your chances of obtaining the financial compensation you are entitled to for your pain and suffering.

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