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Five Things You Didn't Know About Railroad Settlement Kidney Cancer
FELA and Railroad Settlement for Asthma

Inhaling diesel fumes while on the job can lead to pulmonary ailments, such as asthma. A FELA lawyer with experience will assist you in filing a claim for occupational disease against your railroad employer.

Two former railroad workers claim to lost their jobs due to respiratory illnesses that cause severe pain. Their lawsuits allege that years spent working as locomotive engineers exposed them to toxins such as diesel and gasoline exhaust silica dust particles, chemical compounds and paint sprays.

FELA


Although most injured workers can file a claim for compensation through standard state workers' compensation statutes railroad workers must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovery similar to those in the statutes for workers' comp claims.

Railroad companies are accountable when they expose their employees to exposures to toxic substances in the workplace and later cause occupational illnesses like mesothelioma, fibrosis, scleroderma, lung cancer or other respiratory ailments. As opposed to workers' compensation cases, FELA suits are fault-based. This means that the railroad worker must to prove that the employer was negligent in any way. FELA lawsuits can be a source of contention due to the heavy burden of the burden of. Railroad companies therefore attempt to reduce their liability whenever they can.

FELA covers all railway employees employed by common carriers engaged in interstate commerce, including conductors, locomotive engineers yardmasters, signal keepers trackmen/maintenance, bridge and construction workers, welders and electricians. There are exceptions for localized independent railroads who do not utilize their tracks to transport goods over long distances.

A competent FELA lawyer is essential for helping railroad employees to file a successful lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and are aware of the intricate issues involved. To get a free consultation, contact us at 1-800-BENZENE today.

Occupational Diseases

An individual can get sick due to exposure to toxic substances while at work. These are referred to as occupational diseases or toxic lung disorders. They are typically difficult to diagnose since the symptoms of a variety of lung diseases do not show up until long after a person is employed at their job. This is due the long latency period associated with many toxic substances.

Medical research must prove that the disease is caused by work-related exposures. It is imperative to seek legal advice as soon as you suspect that you may have contracted a disease or illness as a result of your railroad work.

Some workplace-related diseases include benzene lung cancer, fibrosis, chronic obstructive respiratory disease (COPD) as well as hypersensitivity pneumonitis, and chronic obstructive airway disease. These illnesses result from inhalation of dusts, gases, vapors or fumes, as well as cigarettes smoke. The symptoms of these diseases differ according to the type of toxins and the size of the particle that is inhaled.

Workers may also suffer from muscle and skeletal injuries as a result of the physical nature of their jobs. These injuries are known as repetitive stress injuries, and can cause pain or weakness in various parts. For instance, railway workers frequently suffer from lateral epidondylitis (tennis elbow), an injury that results in the tear of tendons that are located in the upper arm.

Diesel Exhaust

Diesel fuel is utilized by almost all locomotives, so railroad workers are regularly exposed to diesel fumes. Diesel exhaust is a source of many contaminants, including particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust could cause a range of health issues, including asthma.

The toxins in diesel exhaust are more harmful to those who smoke, which is why smokers are more susceptible to the development of lung diseases, such as COPD. Research on diesel exhaust has also shown that the pollution is an increased risk factor for developing cancer, specifically leukemia and non-Hodgkin's lymphoma.

Over Leukemia lawsuit settlement have been operating continuously in train yards emitting a significant amount of diesel exhaust into the communities surrounding railroads. Diesel exhaust is especially dangerous for the majority of working-class or communities of minorities that are located near these railroad yards.

The benzene found in diesel fuel and exhaust is linked to leukemia. Railroads must limit the use of these chemicals and ensure that their employees are properly trained in safety procedures. A congressman from the area recently asked Metrolink, a commuter rail railway located in Los Angeles, CA, to conduct a risk assessment of the diesel exhaust that is released into the mostly working-class neighborhoods around its maintenance yard.

Asthma

If exposure to diesel exhaust leads to asthma-related pulmonary conditions, such as former and current railroad workers could have grounds to bring an action against their employer. A successful FELA claim could result in a recovery for the financial, physical and emotional consequences of a work-related pulmonary disorder.

Asthma can cause a variety of symptoms, such as coughing, wheezing and chest tightness and breathlessness. It can also make everyday activities difficult. In more severe cases, asthma can cause someone to be admitted to hospital for respiratory failure.

It is the duty of railroad companies to ensure that their workers are safe and healthy. This means ensuring that locomotive cabs are adequately ventilated, and fitted with appropriate safety equipment, and limiting exposure to harmful fumes. Inability to do this could cause occupational health issues like asthma, pulmonary issues and other respiratory diseases.

If you suffer from a mild, moderate or severe case of asthma caused by your experience working on the railroad, discuss your case with a seasoned New York railroad settlement asthma lawyer. Your lawyer can assess your situation and determine whether it is a FELA lawsuit against your employer is in your best interests. A successful FELA lawsuit could award an amount of money to compensate for the negative impact your condition has had on your professional and life.

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