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20 Reasons To Believe Railroad Settlement Kidney Cancer Will Not Be Forgotten
FELA and Railroad Settlement for Asthma

Asthma and pulmonary diseases can be caused by diesel fumes that are emitted from the workplace. An experienced FELA lawyer can help you make a claim for occupational diseases against your railroad company.

Two former railroad employees claim that they have lost their livelihoods due to debilitating respiratory ailments. Their lawsuits claim that their experiences as locomotive engineers exposed them to toxic substances like gasoline and diesel exhausts, silica particles, chemical compounds, and paint sprays.


FELA

While most injured workers are able to file a claim for compensation under standard state worker' compensation statutes, railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA offers guidelines for recovering similar to the ones in the statutes for workers' comp claims.

Railroad corporations have to be held accountable if they expose their employees to exposures to toxic substances in the workplace which can cause occupational diseases like mesothelioma fibrosis, mesothelio lung cancer, scleroderma and other respiratory ailments. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based, meaning railroad workers must prove that the negligence of the employer played some role in causing the injury as well as the damages that resulted. This heavy burden of proof creates FELA lawsuits controversial. Consequently, railroad companies attempt to minimize their liability whenever they can.

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

A knowledgeable FELA attorney is critical to help a railroad worker succeed in bringing a lawsuit against the company responsible for their injuries. asbestos lung cancer settlements at Benzene Lawyers have extensive experience in this area of law and comprehend the complexities involved. Call 1-800-BENZENE today for a complimentary consultation.

Occupational Diseases

An individual can be diagnosed with a disease because of exposure to toxic substances at work. These diseases are known as occupational conditions or toxic lung disorders. They are typically difficult to detect since the symptoms of a variety of lung conditions do not manifest until long after a person has begun their job. This is due to the lengthy period of latency that is associated with many toxic substances.

To be deemed an occupational illness, a disease must manifest during the course of employment, and the link between exposures from work and the illness must be established through medical research. It is essential to seek legal advice immediately if you suspect you've acquired a health issue or illness as a result of your railroad work.

Some workplace-related ailments include benzene lung cancer, fibrosis, chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis, and chronic obstructive lung disease. These illnesses are caused by the inhalation of dusts, vapors, gases and fumes as well as cigarette smoke. The symptoms of these diseases can vary depending on the type of toxin being used and the size of particle that is inhaled.

Workers may also suffer from musculoskeletal injury due to the physical nature of their job. These types of injuries are known as repetitive stress injuries. They can cause pain and weakness in various parts of the body. Rail workers, for instance, are often affected by lateral epicondylitis or tennis elbow. This injury causes the tears of the tendons within the upper arms.

Diesel Exhaust

Almost all locomotives use diesel fuel, which means that most railroad workers are exposed to diesel fumes on an everyday basis. Because diesel exhaust is full of pollutants like particulate matter, volatile organic compounds, and toxic metals, prolonged exposure can cause a wide range of medical issues including asthma.

Smokers are more vulnerable to lung diseases such as COPD because of the toxins found in diesel exhaust. The pollution from diesel exhaust is also a risk factor for the growth of cancer, specifically leukemia and non Hodgkin lymphoma.

Over the decades locomotives have been operating continuously in train yards, which has released a considerable amount of diesel exhaust into the communities surrounding railroads. Diesel exhaust is particularly dangerous for the majority of working-class or minority neighborhoods located near these railroad yards.

The benzene present in diesel exhaust and fuel is associated with leukemia. Railroads must limit the use of these chemicals and ensure that their employees are trained in safety procedures. A congressman from the local area recently asked Metrolink which is a commuter railroad railway located in Los Angeles, CA, to conduct a risk study of the diesel exhaust that is released into the mainly working-class neighborhoods near its maintenance yard.

Asthma

Former and current railroad employees could be able to sue their employer if prolonged exposure to the railroad causes pulmonary problems such as asthma. A successful FELA claim may allow for compensation for the physical, financial and emotional effects of a pulmonary disease that is caused by work.

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

Railroad companies have a duty to keep their employees safe and healthy. This means ensuring that locomotive cabs are properly ventilated, with the proper safety equipment, and minimizing the exposure of workers to harmful fumes. Failure to do this can cause occupational health issues such as asthma, pulmonary ailments and other respiratory illnesses.

If you have a mild, moderate or severe case of asthma that is the result of your experience working on the railroad, discuss your situation with an experienced New York railroad settlement asthma lawyer. Your lawyer will evaluate your situation and determine if it is a FELA lawsuit against your employer is in your best interests. A successful FELA claim can result in financial compensation for the negative effect of your condition on your professional and personal life.

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