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FELA and Railroad Settlement for Asthma

Asthma and pulmonary diseases can be caused by diesel fumes in the workplace. A FELA lawyer with experience can help you file a claim for occupational disease against your railroad employer.

Two former railroad workers claim to have lost their livelihoods due to respiratory illnesses that cause severe pain. Their lawsuits assert that they suffered from experiences as locomotive engineers exposed them to toxins such as diesel and gasoline exhausts, silica particles, chemical compounds, and paint sprays.

FELA

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

Railroad corporations must be held accountable when they expose their employees to harmful workplace exposures and later cause occupational illnesses like mesothelioma and 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 some way. FELA lawsuits are litigious because of the burden of evidence. Thus, railroad companies fight to minimize their liability as often as possible.

FELA covers all railway employees employed by common carriers who are engaged in interstate commerce. This includes locomotive engineers, conductors yardmasters, signal maintainers, yardmasters, trackmen/maintenance of way bridge and building workers, welders and electricians. Some exceptions are made for localized independent railroads who do not use their tracks to transport goods over long distances.

A knowledgeable FELA attorney is essential for helping a railroad worker pursue a successful lawsuit against the company that caused their injuries. Benzene Lawyers has extensive experience in this field of law and is acquainted with the intricate issues that arise. For a no-cost consultation contact us at 1-800-BENZENE.

Work-related Diseases

A person could develop a condition due to work-related exposure to toxic materials. These are referred to as occupational diseases or toxic lung conditions. The occupational diseases can be difficult to identify, since the symptoms of lung issues generally do not show until some time after an individual starts working. This is due the long latency period associated with many contaminants.

Medical research must establish that the disease is caused by work-related exposures. This is why it is important to seek legal representation immediately if you suspect you have been diagnosed with a disease or illness due to your work at a railroad.

The most common workplace-related diseases are benzene leukemia, fibrosis and oedema of the lung, chronic obstructive disease (COPD) and hypersensitivity pneumonitis. Inhalation of gases and vapors, fumes and dusts, as well smoking cigarettes can cause these illnesses. The symptoms of these diseases differ depending on the type of toxin used and the size of particle that is inhaled.

Workers can also experience injuries to their musculoskeletal system due to the physical nature their job. These kinds of injuries are known as repetitive stress injuries. They could cause pain and weakness throughout the body. For instance, railroad workers frequently suffer from lateral epicondylitis (tennis elbow) which results in the tearing of tendons that are located in the upper arm.

Diesel Exhaust

The majority of locomotives utilize diesel fuel, which means that railroad workers are exposed to diesel exhaust on a daily basis. Diesel exhaust contains many pollutants, including particulate matter as well as volatile organic compounds and toxic metals. railroad cancer settlements -term exposure to diesel exhaust can cause a range of health issues such as asthma.

The toxins present in diesel exhaust may be more harmful to those who smoke, which is the reason smokers are more susceptible to the development of lung diseases such as COPD. The pollution that comes from diesel exhaust is also a risk factor for the development of cancer, especially leukemia and non Hodgkin lymphoma.

For a long time, locomotives would run constantly at train yards, dumping an enormous amount of diesel exhaust into communities near the railroad. This diesel exhaust is particularly harmful to the majority of minority and working-class neighborhoods the area where the rail yards are situated.

The benzene found in diesel exhaust and fuel has been linked to leukemia in certain people, which is why railroads should be vigilant to limit the effects of these chemicals on their properties, and also ensure that their employees are properly trained on the proper safety protocols. For instance a congressman from the local area has recently called on the 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 railway workers could have grounds to bring an action against their employer. A successful FELA case could provide compensation for the financial, emotional and physical repercussions of a work related respiratory disorder.

Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can also make daily activities difficult. In more severe cases, asthma may result in a person being admitted to a hospital for respiratory failure.


It is the obligation of railroad companies to ensure that their employees are safe and healthy. Leukemia lawsuit settlement includes providing adequate ventilation in the cabs of locomotives, ensuring the use of proper safety gear and minimizing exposure of workers to harmful fumes. If this is not done, it could cause occupational diseases like asthma, pulmonary problems and respiratory illnesses.

If you have a mild, moderate or severe asthma condition that has been caused by your experience working on the railroad, discuss your case with an experienced New York railroad settlement asthma lawyer. The lawyer can assess the situation and determine if a FELA suit against your employer is the best option for you. A successful FELA lawsuit could award financial compensation for the negative impact that your condition has had on your professional and daily life.

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