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Railroad Lawsuits and Asthma
Railroad workers are frequently exposed to toxic fumes and chemicals like silica, creosote asbestos, and creosote. These exposures can trigger pulmonary disorders such as asthma.
Fortunately, victims are entitled to compensation under the Federal Employers' Liability Act. An asthma attorney for railroad lawsuits can be of assistance. Here are a few examples of settlements that have been successful and verdicts.
Diesel Exhaust
Because trains run on diesel fuel, the majority of railroad employees are exposed to a variety of diesel fumes through the day. These fumes are composed of tiny soot particles gasses, and other harmful chemicals that can cause serious health issues. The exposure to these fumes can lead to the development of asthma and other pulmonary diseases.
For decades railroads have become aware of the risks associated with diesel exhaust. Many companies have not implemented adequate safeguards to protect their workers. Some railroad workers have developed respiratory ailments that can be crippling.
When combined with other workplace hazards, such as asbestos, silica and creosote, exposure to diesel fumes could cause the development of life-altering lung illnesses, such as asthma. These conditions can prevent railroad workers from returning to work and may reduce the quality of their lives.
In one instance, our lawyers successfully defended an FELA lawsuit brought by an engineer working on locomotives who claimed that he developed leukemia and other types of cancer as a result of 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 a reasonably diligent search for information regarding his illness at the time of diagnosis and the claims were time-barred.
Dust
Railroad workers are exposed to different kinds of dust, including silica from coal dust, ballast, and petroleum or chemical fuels. These toxic substances can be harmful to a person's health and can cause respiratory ailments, such as asthma.
Our FELA lawyer has assisted many people to seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain illnesses to claim their employers are accountable for not protecting workers from hazardous workplaces.
For instance the case of a Montana jury handed down $3.7 million to an engineer from the past who was afflicted with pulmonary fibrosis, which is a progressive lung disease that is caused due to scarring of the lung tissue. In his FELA claim, it was claimed that breathing diesel fumes hundreds if no thousands of times contributed to the onset and development of his lung disease. The testimony of defense experts could not convince jurors that the locomotive engineer's lung disease was due to an unrelated reason.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Each time a train travels through the Gorge it pollutes plant and wildlife habitat, tributary streams, wetlands, and the Columbia River with coal dust and other debris. BNSF has agreed to stop transporting coal in the Gorge and in other locations.
Asbestos
Rail workers have been exposed to dangerous chemicals for a lengthy period. While asbestos has been mostly removed from the workplace, other toxic substances are still. Chemical solvents, for example, have been identified as causing asthma and respiratory diseases. Railroad employees may sue their employers to get compensation for their losses.
In one case the 61-year-old locomotive engineer was awarded $2.6 million after a jury's verdict revealed that his work on the railroad made him suffer from diesel asthma. This illness forced him to take medical leave, which resulted in the loss of wages. He also had to undergo two back surgeries, including a multi-level lumbar spinal fusion all of which added up to a significant amount of medical costs.
He admitted that while working at various railways, he was constantly exposed to diesel exhaust fumes, strong smells silica dust particles chemical compounds and spray paints including black smoke, motor grease, welding and engine oil. The chest tightened up and his throat hurt. He also had trouble swallowing. He was suffering from bronchitis and allergies, too.
Railroads successfully argued that the plaintiff's 1996 release should bar his new lawsuit because he knew about the risk when 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 treatment and determine if the disease is linked to his work.
csx railroad lawsuit
If you or someone close to you has been diagnosed with lung disease, mesothelioma or another type of cancer that may be related to your employment in the railroad industry you might be able to start a FELA lawsuit against the company that employed you. FELA lawsuits may award compensation for medical expenses loss of wages, suffering and pain, and other damages. Contact a Houston FELA attorney today to discuss your case.
A jury handed down $2.6 million to a former Conrail engineer in the case of occupational diseases after determining the root of the asthma he suffered from. The jury concluded that his exposure to diesel exhaust fumes was all the time while working on locomotives in rail yards. The lawyers representing the plaintiffs claimed that railroads failed to protect themselves from exposure by not installing adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes that railroad workers breathe, they also often come into contact with toxic chemicals and other harmful substances while doing their job. Asbestos and benzene as well as other carcinogens are frequently found in construction and maintenance materials. These toxic materials can lead to many types of cancers and serious health issues like asthma.
A Houston FELA attorney can help you hold an employer accountable for their negligence If you suffer from asthma due to your railway work, or if someone you love has been diagnosed with a cancer that may be linked to the railroad industry. If you contact an experienced attorney as soon as possible, you can maximize your chances of receiving the financial compensation you are entitled to for your pain and losses.
Here's my website: https://sites.google.com/view/railroadcancersettlements
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