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10 Life Lessons We Can Learn From Railroad Settlement Kidney Cancer
FELA and Railroad Settlement for Asthma

Asthma and other pulmonary diseases can be caused by diesel fumes at the workplace. A FELA lawyer with experience will assist you in filing a claim for occupational disease against your railroad employer.

Two former railroad employees say they've lost their jobs after suffering from debilitating breathing problems. Their lawsuits claim that they were working as locomotive engineers were exposed to toxins such as diesel and gasoline exhausts, silica particles chemical compounds, and paint sprays.

FELA

Railroad employees are required to file an action under the Federal Employers Liability Act. railroad lawsuit settlements offers guidelines for recovering similar to those in place for workers' compensation claims.

Railroad companies are accountable when they expose their employees to harmful workplace exposures which can cause occupational diseases like mesothelioma, fibrosis, lung cancer, scleroderma or other respiratory ailments. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based, meaning the railroad worker must prove the negligence of the employer was at least some role in causing the injury as well as the damages that resulted. This burden of evidence is what makes FELA lawsuits contentious. Railroad companies therefore strive to minimize their liability whenever possible.

FELA covers all railway employees employed by common carriers in interstate commerce. This includes locomotive engineers, conductors/yardmasters, signal keepers, trackmen/maintenance-of-way bridge and building employees electricians, welders, and welders. Localized independent railroads that do not transport goods long distances are exempted from the FELA.

A knowledgeable FELA attorney is critical to help railroad workers succeed in bringing a lawsuit against the company that caused their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and comprehend the intricate issues involved. To get a free consultation, call us at 1-800-BENZENE now.

Work-related Diseases

A person may develop a condition due to work-related exposure to toxic materials. These illnesses are known as occupational diseases or toxic lung conditions. The occupational diseases can be difficult to detect, since the symptoms of lung issues typically do not manifest until some time after a person begins working. This is due to the long intervals of latency that are associated with a lot of contaminants.

Medical research must demonstrate that the illness is a result of exposure to work. It is crucial to seek legal advice whenever you suspect that you may have developed a disease or illness because of your railroad job.

The most common workplace-related diseases are benzene leukemia, fibrosis of the lung, chronic obstructive respiratory disease (COPD) and hypersensitivity pneumonitis. Inhalation of gases and vapors, fumes and dusts as well smoke from cigarettes can trigger these illnesses. The symptoms of these illnesses vary depending on the type of toxins and the size of the particle that is inhaled.

Workers may also suffer from musculoskeletal injuries due to the physical demands of their work. These types of injuries are referred to as repetitive stress injuries. They may cause weakness and pain in different parts of the body. Rail workers, for instance are often afflicted with tennis elbow or lateral epicondylitis. This injury leads to the tears of the tendons within the upper arms.


Diesel Exhaust

Diesel fuel is used by nearly all locomotives, meaning that railroad workers are exposed to diesel fumes. Diesel exhaust contains many pollutants, including particulate material and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust could cause a range of health issues which include asthma.

Smokers are more prone to lung diseases such as COPD due to the toxins in diesel exhaust. Studies on diesel exhaust have also revealed that the pollution is a risk factor in the development of cancer, especially leukemia and non-Hodgkin lymphoma.

For a long time, locomotives would operate continuously at train yards, dispersing large quantities of diesel exhaust into the communities that are near the railroad. Diesel exhaust is particularly harmful to the majority of minorities and working-class neighborhoods in the areas where the rail yards are situated.

The benzene found in diesel fuel and exhaust has been associated with leukemia in a few individuals, which is the reason railroads need to be careful to limit the impact of these chemicals on their properties and ensure their employees are properly trained on appropriate safety procedures. For instance a congressman from the local area has recently asked the commuter rail railroad Metrolink to conduct a risk assessment of the diesel exhaust that is released into predominantly working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA.

Asthma

Former and current railroad workers could be able to sue their employer if long-term exposure causes pulmonary conditions like asthma. A successful FELA claim may allow for compensation for the physical, financial and emotional consequences of a work-related pulmonary disorder.

Asthma can trigger a range of symptoms, such as coughing, wheezing and tightness in the chest and breath shortness. It can also make daily activities difficult. If the asthma is severe, a person may be hospitalized due to respiratory failure.

Railroad companies are obliged to keep their employees safe and healthy. This includes providing adequate ventilation in locomotive cabs and ensuring that they use appropriate safety equipment and limiting exposure of workers to harmful fumes. Failure to do this can cause occupational health issues like asthma, pulmonary issues and other respiratory diseases.

If you suffer from a moderate, severe, or mild case of asthma that is the result of your work on the railroad, discuss your case with an experienced New York railroad settlement asthma lawyer. The lawyer you choose to consult will assess your situation and help you determine whether an FELA lawsuit against your employer is in your best interests. A successful FELA lawsuit could offer an amount of money to compensate for the negative impact your illness has caused to your career and personal life.

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