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FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on the job can trigger pulmonary diseases, including asthma. An experienced FELA lawyer can help you make a claim for occupational diseases against your railroad employer.
Two former railroad workers claim to have lost their livelihoods due to debilitating respiratory ailments. The lawsuits claim that the years spent working as locomotive engineers exposed them to toxins such as diesel and gasoline exhaust silica dust particles paint sprays and chemical compounds.
FELA
While most injured workers can make a claim for compensation under standard state worker' compensation statutes railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to the ones for workers' compensation.
Railroad corporations are accountable for occupational diseases like mesothelioma and lung cancer. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based and the railroad worker has to prove the negligence of the employer was at least some of the injury and resulting damages. This burden of proof is what makes FELA lawsuits controversial. Railroad companies try to limit their liability whenever they can.
FELA covers all railway employees employed by common carriers who are engaged in interstate commerce. This includes conductors, locomotive engineers yardmasters, signal maintenanceers trackmen/maintenance bridge and building workers, welders and electricians. Localized independent railroads that don't transport goods long distances are exempted from the FELA.
A competent FELA lawyer is crucial to assist a railroad employee successfully pursue a lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and understand the complicated issues involved. Call 1-800-BENZENE today for a complimentary consultation.
Work-related Diseases
A person could get sick due to exposure to toxic substances while at work. These diseases are also known as toxic lung disorders or occupational diseases. The occupational diseases can be difficult to detect, since the signs of lung problems often do not show up until some time after the person starts working. This is due to the lengthy intervals of latency that are associated with a lot of contaminants.
Medical research has to prove that the illness is a result of work-related exposures. This is why it is crucial to seek legal counsel immediately if you suspect that you've contracted an illness or disease as a result of your railroad work.
The most common workplace-related diseases are benzene leukemia, fibrosis and oedema of the lungs, chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis. These illnesses are caused by inhalation of dusts, gasses, vapors, fumes, and cigarette smoke. bnsf settlement of these diseases vary depending on the type of toxin used and the size of particle that is inhaled.
Workers may also suffer from musculoskeletal injury due to the physical nature their work. These injuries are referred to as repetitive stress injuries, and they can cause weakness or pain in various parts of the body. For instance, railroad workers often suffer from lateral ectodondylitis (tennis elbow), an injury that results in the tear of the tendons of the upper arm.
Diesel Exhaust
Diesel fuel is utilized by almost all locomotives, so railroad workers are regularly exposed to diesel fumes. Since diesel exhaust contains many pollutants including 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 prone to lung diseases like COPD due to the toxins present in diesel exhaust. Studies on diesel exhaust have also proven that the pollution is an increased risk factor for developing cancer, specifically leukemia and non-Hodgkin lymphoma.
For a long time, locomotives be running continuously at train yards, dispersing an enormous amount of diesel exhaust into the communities that are near the railroad. Diesel exhaust is particularly dangerous to the mostly working-class and minority neighborhoods in the area where these rail yards are located.
The benzene present in the exhaust and diesel fuel has been linked to leukemia in certain individuals, which is why railroads should be vigilant to limit the amount of chemicals that are absorbed into their properties and ensure their employees are trained in the proper safety protocols. For example local congressman has recently urged commuter rail railroad Metrolink to conduct a risk assessment of the exhaust from its diesel engine which is released into primarily working-class communities that surround its maintenance yard in Los Angeles, CA.
Asthma
If long-term exposure to diesel exhaust leads to pulmonary disorders such as asthma, current and former railroad employees could be eligible for a claim against their employer. A successful FELA claim could allow recovery for the financial, physical and emotional consequences of a work-related pulmonary disorder.
Asthma can cause a variety of symptoms, including coughing, wheezing or tightness in the chest, and shortness of breath. It can also make everyday activities difficult. In more severe asthma cases, a person may be admitted to hospital due to respiratory failure.
It is the responsibility of railroad companies to ensure that their employees are safe and healthy. This includes ensuring adequate ventilation in locomotive cabs and ensuring that they use appropriate safety gear and limiting exposure of employees to dangerous fumes. Failure to do this can cause occupational illnesses like asthma and pulmonary problems, including other respiratory ailments.
If you suffer from a mild, moderate or severe asthma problem that is the result of your employment on the railroad, you should discuss your case with an experienced New York railroad settlement asthma lawyer. Your lawyer can assess the situation and determine if filing a FELA suit against your employer would be the best option for you. A successful FELA claim could lead to financial recovery for the negative effect of your health condition on your career and life.
Homepage: https://infosys.wiki/wiki/25_Surprising_Facts_About_Railroad_Settlement_Laryngeal_Cancer
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