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FELA and Railroad Settlement for Asthma

Inhaling diesel fumes on the job can lead to pulmonary ailments, such as asthma. An experienced FELA lawyer can assist you to file an occupational disease claim against your railroad company.

Two former railroad workers claim they lost their jobs due to debilitating breathing problems. Their lawsuits assert that they suffered from years as locomotive engineers exposed to toxic substances like diesel and gasoline exhausts, silica particles, chemical compounds and paint sprays.

FELA

Railroad employees must, however, file claims under the Federal Employers Liability Act. FELA offers guidelines for recovering similar to those in the law for workers' compensation claims.

Railroad companies are accountable for occupational diseases like mesothelioma and lung cancer. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based that is, the railroad worker must prove the negligence of the employer was at least some part in the injury as well as the damages that resulted. FELA lawsuits are litigious because of the burden of the burden of. Therefore, railroad companies try to limit their liability whenever they can.

FELA covers all railway employees employed by common carriers engaged in interstate commerce, which includes locomotive engineers, conductors yardmasters, signal maintenanceers trackmen/maintenance and maintenance of way bridge and building workers, welders and electricians. Localized independent railroads that do not transport goods long distances are not covered by FELA.


A skilled FELA attorney is crucial to help a railroad worker successfully sue the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and comprehend the complicated issues that arise. Call 1-800-BENZENE for a no-cost consultation.

Occupational Diseases

A person could get sick due to exposure to toxic substances at work. These diseases are known as occupational diseases or toxic lung conditions. The occupational diseases can be difficult to identify, since the symptoms of lung problems usually do not appear until the time the person starts working. This is due to the long delay in the onset of many toxins.

To be deemed an occupational health condition, a disease must occur during the course of employment. Additionally, the connection between exposures to work and the illness needs to be established through medical research. This is why it is crucial to seek legal representation as soon as you can if you suspect that you've developed a disease or illness due to your job at the railroad.

Some workplace-related illnesses are benzene lung cancer, fibrosis chronic obstructive respiratory disorder (COPD) as well as hypersensitivity pneumonitis and chronic obstructive airway disease. Inhalation of vapors and gases fumes and dusts as well smoking cigarettes can trigger these illnesses. The symptoms of these illnesses will vary based on the type of toxin as well as particle size that has been inhaled.

Leukemia lawsuit settlement can also sustain muscle injuries because of the physical nature of their work. These kinds of injuries are known as repetitive stress injuries. They can cause pain and weakness in different parts of the body. For instance, railway workers often suffer from lateral epicondylitis (tennis elbow) which results in the tear of the tendons of the upper arm.

Diesel Exhaust

Almost all locomotives use diesel fuel, which means that the majority of railroad employees are exposed to diesel fumes on a regular basis. Diesel exhaust is full of pollutants, such as particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust can lead a variety medical issues, including asthma.

Smokers are more susceptible to lung diseases such as COPD because of the toxins found in diesel exhaust. Research on diesel exhaust has also shown that the pollution is a risk factor for developing cancer, especially leukemia and non-Hodgkin's lymphoma.

Over the years locomotives have been operating continuously in train yards, release a lot of diesel exhaust into the communities around railroads. Diesel exhaust poses a particular risk for the majority of working-class and minority neighborhoods located near these railroad yards.

The benzene found in diesel exhaust and fuel is associated with leukemia. Railroads must limit the use of these chemicals and ensure that their employees are properly trained on safety procedures. A local congressman recently asked Metrolink the commuter rail railroad in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust released into the predominantly working-class neighborhoods around its maintenance yard.

Asthma

Former and current railroad employees may be able of sue their employer if long-term exposure leads to pulmonary disorders such as asthma. A successful FELA case could provide compensation for the emotional, financial and physical consequences of a lung disorder.

Asthma can trigger a range of symptoms, such as coughing, wheezing and tightness in the chest, and breathlessness. It can make your daily activities difficult. In more serious cases, asthma could cause someone to be admitted to hospital for respiratory failure.

Railroad companies have a duty to ensure that their workers are safe and healthy. This includes ensuring adequate ventilation in the cabs of locomotives as well as ensuring the use appropriate safety gear and limiting the exposure of workers to hazardous fumes. Failure to do so can lead to occupational diseases such as asthma and lung issues, and even other respiratory diseases.

If you suffer from a mild, moderate or severe case of asthma caused by your work on the railroad, discuss your situation with an experienced New York railroad settlement asthma lawyer. Your attorney can evaluate your situation and help determine whether a FELA lawsuit against your employer is in your best interests. A successful FELA claim could provide financial recovery for the negative impact of your health condition on your life and career.

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