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FELA and Railroad Settlement for Asthma
Asthma and pulmonary diseases can be caused by diesel fumes at the workplace. A FELA lawyer with experience can assist you with filing a claim for occupational disease against your railroad employer.
Two former railroad workers claim to lost their jobs because of debilitating respiratory conditions. The lawsuits allege that the years spent working as locomotive engineers exposed them to toxins such as diesel and gasoline exhaust, silica dust particles, paint sprays, chemical compounds and.
FELA
While the majority of injured workers can make a claim for compensation under standard state workers legislation railroad employees have to seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovering that are similar to the ones for workers' compensation.
Railroad corporations are accountable for occupational diseases such as mesothelioma and lung cancer. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based that is, the railroad worker has to prove the negligence of the employer was at least some of the injury and subsequent damages. This heavy burden of proof creates FELA lawsuits a contentious matter. Thus, railroad companies attempt to minimize their liability as much as they can.
FELA covers all railway workers employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers and signal keepers, trackmen/maintenance bridge and building employees electricians, welders, as well as welders. Exceptions are made for localized independent railroads who do not utilize their tracks to transport goods over long distances.
A seasoned FELA lawyer is crucial to help railroad employees successfully pursue a lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and understand the intricate issues that arise. For a no-cost consultation contact us at 1-800-BENZENE today.
Occupational Diseases
A person could develop a condition due to exposure to toxic substances at work. These diseases are also known as toxic lung disorders or occupational diseases. They can be challenging to identify, since the symptoms of lung problems generally do not show until the time the person starts working. This is due the long delay in the onset of many toxins.
To qualify as an occupational health condition, a illness must be present during the course of work and the link between exposures from work and the illness must be established by medical research. railroad lawsuit settlements is crucial to seek legal advice as soon as you suspect that you have been diagnosed with a condition or disease due to your work on railroads.
The most common workplace-related diseases are benzene leukemia, fibrosis of lung, chronic obstructive lung disease (COPD) and hypersensitivity pneumonitis. Inhalation of vapors and gases dusts and fumes as well smoking cigarettes can cause these diseases. The symptoms of these illnesses vary depending on the type of toxin and the size of the particle that is inhaled.
Workers may also suffer from musculoskeletal injury due to the physical nature their work. These injuries are known as repetitive stress injuries and they can cause weakness or pain throughout the body. For instance, workers on rails frequently suffer from lateral epidondylitis (tennis elbow), an injury that results in the tear of the tendons of the upper arm.
Diesel Exhaust
The majority of locomotives utilize diesel fuel, which means that most railroad workers are exposed to diesel fumes on a daily basis. railroad lawsuit settlements is a source of many pollutants, such as particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust could cause a variety of medical problems that include asthma.
The toxins that are present in diesel exhaust can be even more harmful to those who smoke, which is why smokers are at greater risk of lung diseases, such as COPD. Studies on diesel exhaust have also proven that the pollution is an increased risk factor for developing cancer, including leukemia as well as non-Hodgkin's lymphoma.
For a long time locomotives operate continuously at train yards, dispersing a great deal of diesel exhaust into the communities that are near the railroad. This diesel exhaust is particularly dangerous to the largely minorities and working-class neighborhoods in which the rail yards are situated.
The benzene content of diesel exhaust and fuel has been linked to leukemia in certain people, which is why railroads must be cautious to limit the impact of these chemicals on their properties and ensure their employees are properly trained on proper safety procedures. For instance a congressman from the area has recently asked the commuter rail railroad Metrolink to conduct an assessment of risk for the diesel exhaust that is released into predominantly working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.
lung cancer lawsuit settlements
If exposure to diesel exhaust results in asthma or other pulmonary diseases railway workers could have grounds to bring an action against their employer. A successful FELA case could result in compensation for the emotional, financial and physical repercussions of a work related lung disorder.
Asthma can trigger a range of symptoms, including coughing, wheezing, tightness in the chest, and breathlessness. It can also make your daily activities difficult. In more severe asthma cases it is possible to be admitted to hospital because of respiratory failure.
It is the responsibility of railroad companies to ensure that their employees are safe and healthy. This includes ensuring that the locomotive cabs are well ventilated, and fitted with appropriate safety gear, and limiting worker's exposure to harmful fumes. If this is not done, it can result in occupational illnesses such as asthma and lung problems, including other respiratory diseases.
If you suffer from moderate, mild, or severe asthma, that you believe was due to your railroad work then you should consult an expert New York railroad settlement attorney. Your attorney can evaluate your situation and help determine whether a FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could offer an amount of money to compensate for the negative impact your condition has affected your career and daily life.
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