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Railroad Lawsuits and Asthma
Rail workers are frequently exposed to toxic fumes and chemicals such as asbestos and silica. These exposures can cause asthma-related respiratory problems.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). A reputable railroad lawsuit asthma lawyer will assist. Here are some examples of settlements that have been successful and verdicts.
Diesel Exhaust
Since trains run on diesel fuels railroad workers are exposed all day to diesel fumes. The fumes consist of soot particles and harmful chemicals. Exposure to these fumes may cause asthma and other lung diseases.
Railroads have known about the dangers of exposure to diesel exhaust for many years. However numerous companies have failed to take the necessary steps to protect their employees. Stomach cancer lawsuit have developed respiratory diseases that are debilitating.
Exposure to diesel fumes, when coupled with other workplace hazards such as asbestos, creosote or silica can trigger life-altering lung diseases, such as asthma. These symptoms can often prevent railroad workers from returning to their work and could affect the quality of their lives.
In one instance, our lawyers successfully defended an FELA lawsuit brought by an engineer working on locomotives who claimed that he developed leukemia and other types of cancer due to his exposure to toxic chemicals and diesel fumes when working on railroad equipment. The court granted summary judgment for the railroads in question, deciding that Plaintiff did not make an intelligent search for information regarding his condition at the time of diagnosis and the claims were time-barred.
Dust
Railroad workers are exposed to various kinds of dust, such as silica from coal dust, ballast, and chemical fuels or petroleum. These toxic substances can be harmful to health and can cause respiratory illnesses like asthma.
Our FELA lawyer has assisted a number of people to seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain diseases to make their employers accountable for failing to protect workers from hazardous workplaces.
A Montana jury, for instance has awarded $3.7 Million to an engineer from the past who suffered from pulmonary fibroidsis, a progressive lung condition that is caused by scarring in the lung tissue. The defendant's FELA claim claimed that the inhalation of diesel exhaust on a number of, if not thousands, of occasions led to the development of his lung disease. The testimony of the defense experts could not convince jurors that locomotive engineer's lung disease was due to another cause.
Similar to that, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Every time a train travels through the Gorge it pollutes the habitats for wildlife and plants, wetlands, tributary rivers, and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Rail workers have been exposed chemicals for a long period of time. Other toxic materials remain in the workplace, even although asbestos has been removed. Chemical solvents, like, have been recognized to cause asthma and other respiratory ailments. This is the reason railroad employees are able to file lawsuits seeking damages from the companies who employed them.
In one case the 61-year-old engineer in the field of locomotives was awarded $2.6 million following a jury verdict that found that his work on the railroad caused him to suffer from diesel asthma. The condition forced him to take medical leave, which resulted in the loss of wages. He also required two back surgeries, including a multi-level lumbar spinal fusion that added up to significant medical expenses.
He stated that he was constantly exposed to diesel exhaust fumes and strong odors. He also stated that his body was constantly exposed silica particles chemical compounds, spray paints, and black smoke. His chest tightened and throat hurt. He also had difficulty swallowing. He was suffering from bronchitis and allergic rhinitis, as well.
Scleroderma lawsuit argued that releases the plaintiff signed in 1996 should block his lawsuit because he was aware of the risk at the time he was exposed asbestos. Hughes Law Offices also argued that the statute of limitations should be extended until the plaintiff was diagnosed with cancer in order to allow him the chance to seek medical attention and determine if the condition was a result of his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer or lung diseases, mesothelioma, or other types of cancer that could be linked to working in the railroad industry, you may have the right to file an action under FELA against the corporation that employed you. Esophageal cancer lawsuit could award compensation for medical expenses, lost wages and suffering and pain. Contact an Houston FELA attorney today to discuss your case.
A jury has awarded a former Conrail engineer $2.6 million in the case of occupational illness after concluding that the retiree's asthma-related problems were caused by his nearly constant exposure to diesel exhaust fumes as he working with locomotives at rail yards. The lawyers for the plaintiffs argued that railroads failed in their duty to avoid exposure by not providing adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes railroad workers breathe, they also often come into contact with toxic chemicals and other harmful substances during their job. Asbestos, benzene, and other carcinogens are frequently found in railroad maintenance and construction materials. These dangerous materials can cause various kinds of cancers, as well as serious health issues like asthma.
If you have asthma that was brought on by your job on the railroad or if you have someone you love who has been diagnosed with cancer that may be related to the rail industry and a Houston FELA lawyer can help you hold your employer accountable for their negligence. By contacting an experienced attorney as soon as possible you will have the best chances of receiving the financial compensation you are entitled to for your pain and losses.
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