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Railroad Lawsuits and Asthma
Rail workers are often exposed to toxic fumes and chemicals such as asbestos and silica. The exposures can result in respiratory disorders like asthma.
Fortunately, victims are entitled to compensation under the Federal Employers' Liability Act. A good railroad lawsuit asthma lawyer will aid. Here are a few examples of successful settlements and verdicts.
Diesel Exhaust
Because trains are powered by diesel fuels railroad employees are exposed all day to diesel fumes. These fumes are a mixture of soot particles and toxic chemicals. Exposure to these fumes may be a contributing factor to the development of asthma and other lung diseases.
For decades railroads have become aware of the dangers posed by diesel exhaust. Many companies haven't taken adequate measures to protect their workers. Some railroad workers have developed respiratory illnesses that are debilitating.
When combined with other workplace hazards, like asbestos, silica, and creosote, exposure to diesel fumes could result in the development of life-threatening pulmonary illnesses, such as asthma. These symptoms can often prevent railroad workers from returning to their jobs and could impact the quality of their lives.
In one instance that our lawyers were able to defend, they successfully a FELA claim by a former locomotive engineer who claimed to have contracted leukemia and other cancers as a result of the exposure to diesel fumes as well as other toxic chemicals when working on railway equipment. The court ruled in favor of summary judgment for the railroads in dispute. cancer lawsuits decided that Plaintiff had not conducted an appropriate search for information regarding his illness when he was diagnosed and that his claims are barred by time.
Dust
Rail workers are exposed to a variety of dusts, such as silica dust from ballasts as well as coal dust. They could also be exposed to chemical or petroleum fuels. These toxic substances are harmful to health and may cause respiratory diseases like asthma.
Our FELA lawyer has assisted a number of people to seek compensation for their exposure. FELA permits workers suffering from certain diseases to hold their employers accountable for failing to protect them from unsafe workplaces.
A Montana jury, for example gave $3.7 Million to a former engineer of the railroad who suffered from pulmonary fibroidsis. This is a progressive lung condition that is caused by scarring of the lung tissue. In his FELA claim, it was claimed that inhaling diesel fumes hundreds, or even thousands of times contributed to the development and the progression of his lung condition. The testimony of defense experts did not convince jurors that the engineer's lung disease was caused by a different source.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Leukemia lawsuit goes through the Gorge and pollutes sensitive plant and wildlife habitat, the wetlands, tributary streams and the Columbia River with coal dust and other debris. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other areas.
Asbestos
Rail workers have been exposed to dangerous chemicals for a long time. While asbestos has been largely removed from the workplace, other toxic materials still remain. Chemical solvents, for example, have been recognized to cause asthma and other respiratory illnesses. This is the reason railroad workers could file lawsuits to recover damages from the companies that hired them.
In one case the jury ruled that a 61-year old locomotive engineer was suffering from asthma caused by diesel due to his work on railroads. This condition forced him take medical leave, resulting in a loss of wages. He also had two back surgeries, including the lumbar spine fusion with multilevels. All of this amounted to significant medical expenses.
He said that while working for different railways he was exposed to diesel exhaust fumes strong odors, silica dust particles, chemicals and spray paints as well as black smoke, welding, motor grease, and engine oil. His chest tightened and his throat hurt. He also had trouble swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads successfully argued that releases signed by the plaintiff in 1996 should be void for his lawsuit because he was aware of the risk at the time he was exposed to asbestos. Hughes Law Offices also argued that the statute of limitations should be extended until the plaintiff was diagnosed with cancer to give him the opportunity to seek medical treatment and determine if his illness was related to his employment.
Bladder cancer lawsuit
If you or someone you know has been diagnosed with lung cancer, lung diseases, mesothelioma or any other form of cancers that may be connected to work in the railroad industry, you might be entitled to file an action under FELA against the company that employed you. FELA lawsuits may provide compensation for medical expenses and lost wages, as well as suffering and pain and other damages. Contact a Houston FELA attorney today to discuss your case.
Bladder cancer lawsuit has awarded a former Conrail engineer $2.6 million in his occupational health trial after concluding that the retiree's debilitating asthma was caused by the constant exposure to diesel exhaust fumes while working on rail yards to work with locomotives. The lawyers for the plaintiffs argued that railroads failed in their duty to avoid exposure to diesel exhaust by not installing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals and diesel fumes. Asbestos, benzene and other carcinogens are frequently found in construction and maintenance materials. These dangerous substances can cause many kinds of cancers, as well as serious health issues like asthma.
A Houston FELA attorney can help you to hold an employer accountable for their negligence when you suffer from asthma as a result of your railroad work, or if someone you love has been diagnosed with cancer that is linked to the rail industry. Contacting a skilled attorney right away can help you maximize your chances of receiving the financial compensation you are entitled to for your losses and suffering.
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