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lung cancer settlements and Railroad Settlement for Asthma

Inhaling diesel fumes on the job can lead to pulmonary diseases, including asthma. A FELA lawyer with expertise can help you file a claim for occupational disease against your railroad employer.

Two former railroad employees claim that they have lost their livelihoods due to respiratory illnesses that cause severe pain. The lawsuits allege that the years spent as locomotive engineers exposed them to toxic substances like gasoline and diesel exhaust, silica dust particles, chemical compounds and paint sprays.

FELA

Railroad employees, however, must file claims under the Federal Employers Liability Act. FELA provides guidelines for recovery similar to the ones in the case of workers' compensation claims.

Railroad companies must be held accountable when they expose their employees to exposures to toxic substances in the workplace and then cause occupational diseases like mesothelioma and fibrosis, lung cancer, scleroderma, or other respiratory illnesses. In contrast to workers' compensation cases, FELA lawsuits are fault-based and railroad workers must prove that the negligence of their employer played some part in the injury as well as the damages that resulted. FELA lawsuits are litigious due to the high burden of proof. Railroad companies try to minimize their liabilities whenever they can.

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

A knowledgeable FELA attorney is essential for helping a railroad worker succeed in bringing a lawsuit against the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and comprehend the complicated issues that arise. For a free consultation, contact us at 1-800-BENZENE today.

Work-related Diseases

A person can develop a disease due to exposure to toxic substances at work. These conditions are also known as toxic lung disorders or occupational illnesses. Occupational diseases can be difficult to detect, since the symptoms of lung problems typically do not manifest until some time after a person begins working. This is due the long time between the latency period and contaminants.

Medical research must demonstrate that the disease is the result of exposures to work. lung cancer settlements is essential to seek legal counsel when you suspect that you've been diagnosed with a condition or disease as a result of your railroad work.

The most common workplace-related diseases are benzene leukemia, fibrosis of lung, chronic obstructive respiratory disease (COPD) and hypersensitivity pneumonitis. Inhalation of gases and vapors, fumes and dusts aswell as cigarette smoke can cause these ailments. The symptoms of these diseases will vary based on the type of toxin used and particle size inhaled.

Lymphoma lawsuit settlement can also sustain musculoskeletal injury due to the physical nature their work. Lymphoma lawsuit settlement are referred to as repetitive stress injuries, and they can cause pain or weakness in different parts. For instance, railroad workers frequently suffer from lateral epidondylitis (tennis elbow) which results in the tear of the tendons of the upper arm.

Diesel Exhaust

Diesel fuel is used by almost all locomotives, so railroad workers are regularly exposed to diesel fumes. Diesel exhaust is a source of many contaminants, including particulate material and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust could lead a variety medical issues that include asthma.

The toxins that are present in diesel exhaust can be even more harmful to people who smoke, which is why smokers are more at risk of lung diseases, such as COPD. Studies on diesel exhaust have also revealed that the pollution is a risk factor for developing cancer, particularly leukemia and non-Hodgkin lymphoma.

For decades, locomotives would be running continuously at train yards, dispersing large quantities of diesel exhaust into the communities that are near the railroad. Diesel exhaust is especially dangerous for the majority of working-class or minorities neighborhoods that are near these railway yards.

The benzene that is found in diesel exhaust and fuel is linked to leukemia. Railroads should limit their use of these chemicals and ensure that their employees are trained in safety procedures. A local congressman recently requested Metrolink the commuter rail railroad in Los Angeles, CA, to conduct a risk assessment of the diesel exhaust released into the predominantly working-class areas around its maintenance yard.

Asthma

If exposure to diesel exhaust leads to asthma-related pulmonary conditions, such as railway workers could have grounds to bring a claim against their employer. A successful FELA case could result in compensation for the emotional, financial and physical effects of a work related respiratory disorder.

Asthma symptoms include wheezing and coughing. They can also cause chest tightness as well as shortness of breath. It can also make daily activities difficult. In more serious cases, asthma could cause someone to be admitted to a hospital for respiratory failure.


It is the responsibility of railroads to ensure that their employees are safe and healthy. This includes ensuring adequate ventilation in the cabs of locomotives and ensuring that they use appropriate safety gear and limiting worker exposure to dangerous fumes. If this is not done, it can lead to occupational diseases such as asthma and lung issues, as well as other respiratory ailments.

If you suffer from moderate, mild or severe asthma that you believe was caused by your work on the railroad it is recommended that you consult an experienced New York railroad settlement attorney. Your lawyer can assess your situation and assist you to determine whether you should file a FELA lawsuit against your employer is in your best interests. A successful FELA lawsuit could result in an amount of money to compensate for the negative impact your condition has affected your career and life.

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