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FELA and Railroad Settlement for Asthma

Inhaling diesel fumes while on the job can trigger pulmonary diseases, including asthma. A FELA lawyer with experience can assist you in filing a claim for occupational disease against your railroad employer.

Two former railroad employees say they've lost their job because of debilitating breathing disorders. The lawsuits assert that their working as locomotive engineers were exposed to toxic substances like diesel and gasoline exhausts, silica particles chemical compounds, and paint sprays.

FELA


Although most injured workers can make a claim for compensation under standard state worker legislation, railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA offers guidelines for recovering similar to those in the statutes for workers' comp claims.

Railroad corporations are accountable for occupational illnesses such as mesothelioma and lung cancer. As opposed to Leukemia lawsuit settlement , FELA suits are fault-based. This means that the railroad employee has to prove that the employer was negligent in some way. This burden of evidence creates FELA lawsuits a source of contention. Railroad companies try to minimize their liabilities whenever they can.

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

A competent FELA lawyer is required to assist a railroad employee to file a successful lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and are aware of the complexities involved. For a no-cost consultation contact us at 1-800-BENZENE today.

Occupational Diseases

A person can develop a condition due to exposure to toxic substances while at work. These are referred to as occupational diseases or toxic lung conditions. The occupational diseases are usually difficult to recognize because the signs of many lung diseases do not show up until a long time after an individual has started working at their job. This is due to the lengthy time of latency associated with many contaminants.

To be deemed an occupational illness, the disease must develop during the course of employment and the connection between exposures to work and the disease must be established through medical research. This is why it is crucial to seek legal representation as soon as possible if you suspect you have contracted an illness or disease due to your work at a railroad.

Certain workplace-related illnesses include benzene lung cancer, fibrosis chronic obstructive respiratory disorder (COPD) and hypersensitivity pneumonitis and chronic obstructive lung disease. These diseases are caused by the inhalation of dusts, gasses, vapors or fumes, as well as cigarettes smoke. The symptoms of these diseases can vary according to the type of toxin and the size of particle that is inhaled.

Workers may also suffer from muscle and skeletal injuries as a result of the physical demands of their work. These types of injuries are referred to as repetitive stress injuries. They may cause pain and weakness throughout the body. Rail workers, for example, are often affected by tennis elbow or lateral epicondylitis. This injury can cause tears of the tendons within the upper arms.

Diesel Exhaust

The majority of locomotives utilize diesel fuel which means that the majority of railroad employees are exposed to diesel fumes on a daily basis. Since bnsf settlement contains many pollutants like particulate matter, volatile organic compounds and toxic metals, exposure for a long time can cause a range of health problems, including asthma.

Smokers are more vulnerable to lung diseases such as COPD because of the toxins found in diesel exhaust. Studies on diesel exhaust have also proven that the pollution is a risk factor for developing cancer, particularly leukemia and non-Hodgkin lymphoma.

For a long time locomotives operate continuously at train yards, dumping an enormous amount of diesel exhaust into communities around the railroad. Diesel exhaust is particularly dangerous for the majority working-class and minorities communities that are close to these railway yards.

The benzene found in diesel exhaust and fuel is associated with leukemia. Railroads should limit the use of these chemicals and ensure that their employees are properly informed about safety protocols. For example a congressman from the area has recently asked the commuter rail railroad Metrolink to conduct an assessment of risk for the diesel exhaust that is released into the primarily working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.

Asthma

When exposure to long-term diesel exhaust leads to asthma-related pulmonary conditions, such as former and current railroad employees could be eligible for an action against their employer. A successful FELA claim could lead to compensation for the financial, emotional and physical repercussions of a work related lung disorder.

Asthma can cause a variety of symptoms, such as coughing, wheezing and chest tightness and breathlessness. It can also make your daily activities difficult. In more severe asthma cases it is possible to be admitted to hospital because of respiratory failure.

Railroad companies are obliged to ensure their employees are safe and healthy. This includes providing adequate ventilation in locomotive cabs and ensuring that they use appropriate safety gear and limiting worker exposure to dangerous fumes. Failure to do this can cause occupational diseases such as asthma, pulmonary problems and other respiratory illnesses.

If you suffer from mild, moderate, or severe asthma, which you believe is due to your railroad work You should seek the advice of an expert New York railroad settlement attorney. Your attorney can evaluate your situation and help you determine if a FELA lawsuit against your employer is in your best interests. A successful FELA claim could lead to financial recovery for the negative impact of your health condition on your career and life.

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