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FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on the job can trigger pulmonary ailments, such as asthma. A FELA lawyer with experience can assist you in filing an occupational disease claim against your railroad employer.
Two former railroad workers claim they have lost their livelihoods because of debilitating respiratory conditions. Pancreatic cancer settlement claim that the time they spent as locomotive engineers exposed them to toxins like gasoline and diesel exhaust silica dust particles, chemical compounds and paint sprays.
FELA
Railroad employees are required to file claims under the Federal Employers Liability Act. FELA offers guidelines for recovering similar to the ones in the statutes for workers' comp claims.
Railroad companies are accountable for occupational diseases such as mesothelioma and lung cancer. In contrast to workers' compensation claims, FELA suits are fault-based. This means that the railroad employee has to prove that the employer was negligent in some way. FELA lawsuits are contentious due to the heavy burden of the burden of proof. Therefore, railroad companies attempt to minimize their liability as often as possible.
CSX Transportation settlement covers all railway employees employed by common carriers in interstate commerce. This includes conductors, locomotive engineers yardmasters, signal maintainers, yardmasters trackmen/maintenance and maintenance of way, bridge and construction workers, welders and electricians. Localized independent railroads that do not transport goods long distances are not covered by FELA.
A knowledgeable FELA attorney is crucial for helping a railroad worker successfully sue the company responsible for their injuries. Benzene Lawyers has extensive experience in this field of law and is well-versed with the complexities that are involved. For a no-cost consultation call 1-800-BENZENE today.
Occupational Diseases
A person can develop a disease because of occupational exposure to toxic materials. These illnesses are known as occupational diseases or toxic lung conditions. Occupational diseases can be difficult to identify, since the symptoms of lung issues usually do not appear until an extended period of time after an individual begins working. This is due to the long latency period associated with many toxic substances.
Medical research must prove that the disease is a result of exposure to work. It is important to seek legal counsel when you suspect that you have acquired a health issue or illness because of your railroad job.
Some workplace-related ailments include benzene lung cancer, fibrosis chronic obstructive respiratory disorder (COPD), hypersensitivity pneumonitis, and chronic obstructive airway diseases. Inhaling gases and vapors, fumes and dusts aswell smoke from cigarettes can trigger these ailments. The symptoms of these illnesses may vary based on the type of toxin and the size of the particle inhaled.
Workers can also sustain injuries to their muscles due to the physical nature of their job. Pancreatic cancer settlement of injuries are referred to as repetitive stress injuries. They could cause pain and weakness across different areas of the body. For instance, workers on rails frequently suffer from lateral epicondylitis (tennis elbow) which results in the tearing of tendons that are located in the upper arm.
Diesel Exhaust
Diesel fuel is utilized by nearly all locomotives, meaning that railroad workers are constantly exposed to diesel fumes. Since diesel exhaust contains many pollutants like particulate matter, volatile organic compounds, and toxic metals, exposure for a long time can cause a wide range of medical conditions, including asthma.
The toxins present in diesel exhaust can be more harmful to people who smoke, which is why smokers are more at risk of lung-related diseases such as COPD. The toxins in diesel exhaust is also a risk factor in the growth of cancers, particularly leukemia and non Hodgkin lymphoma.
Over the years locomotives have been operating all the time in train yards, which has released a considerable amount of diesel exhaust into the communities that surround railroads. Diesel exhaust is particularly dangerous to the largely working-class and minority neighborhoods in which these rail yards are located.
The benzene present in diesel exhaust and fuel is associated with leukemia. Railroads should limit their use of these chemicals and ensure that their employees are properly trained on safety procedures. For example a congressman from the local area has recently asked the commuter rail railroad Metrolink to conduct an assessment of risk for the diesel exhaust that is released into primarily working-class communities that surround its maintenance yard in Los Angeles, CA.
Asthma
If exposure to diesel exhaust results in asthma-related pulmonary conditions, such as or bronchitis, former and current railroad workers could have grounds to bring a claim against their employer. A successful FELA claim could result in a recovery for the physical, financial and emotional effects of a work-related pulmonary disorder.
Asthma can trigger a range of symptoms, such as coughing, wheezing, tightness in the chest, and breathlessness. It can also make everyday activities difficult. In more severe cases of asthma people may be admitted to hospital due to respiratory failure.
Railroad companies have a duty to keep their employees safe and healthy. This includes ensuring that the locomotive cabs are properly ventilated, and fitted with appropriate safety equipment, and limiting exposure to harmful fumes. If this is not done, it can cause occupational diseases such as asthma and lung problems, which can include other respiratory ailments.
If you suffer from moderate, mild, or severe asthma, that you believe was due to your railroad work, you should consult an experienced New York railroad settlement attorney. Your attorney can evaluate the situation and determine if a FELA suit against your employer would be beneficial for you. A successful FELA claim could provide financial recovery to compensate for the negative impact of your health condition on your professional and personal life.
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