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Railroad Lawsuits and Asthma

Rail workers are frequently exposed to harmful chemicals and fumes like silica and asbestos. The exposures can result in respiratory diseases like asthma.

Fortunately, victims may be entitled to compensation under the Federal Employers' Liability Act. An asthma attorney for railroad lawsuits can help. Here are some examples of settlements and verdicts.

Diesel Exhaust

Because trains run on diesel fuels railroad workers are exposed throughout the day to diesel fumes. These fumes are composed of soot particles and harmful chemicals. The exposure to these fumes can cause the development of asthma and other pulmonary illnesses.

Since decades railroads have been aware of the risks associated with diesel exhaust. However numerous companies have not taken appropriate measures to protect their employees. Some railroad workers have contracted respiratory diseases that are debilitating.

Exposure to diesel fumes when combined with other workplace hazards like asbestos, creosote and silica, can lead to life-changing lung diseases, such as asthma. These conditions can hinder railroad workers from returning to their jobs and can even impact their life quality.

In one case our attorneys successfully in defending a FELA lawsuit filed by an engineer on the locomotive who claimed he contracted leukemia and other types of cancer as a result of his exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court ruled in favor of summary judgment on behalf of the railroads. It ruled that Plaintiff had not conducted an informed search regarding his illness when it was discovered and the claims he made are time-barred.

Dust

Rail workers are exposed to various dusts, including silica dust from ballasts and coal dust. They can also be exposed to chemical or petroleum fuels. These harmful substances can be harmful to health and can trigger respiratory illnesses such as asthma.

asbestos lung cancer lawsuit has assisted many people seek compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain diseases to demand accountability from their employers for not protecting them from dangerous work environments.

For example the case of a Montana jury awarded $3.7 million to a former locomotive engineer who suffered from the condition known as pulmonary fibrosis. It is a progressive lung disease caused by scarring of the lung tissue. In his FELA claim, the plaintiff claimed that inhaling diesel fumes hundreds or perhaps thousands of times contributed to the onset and progress of his lung disease. Jurors were not convinced by the defense experts' testimony that the locomotive engineer's lung disease could have some other cause.


Similarly, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Each time a train runs through the Gorge it pollutes plant and wildlife habitat, stream tributary wetlands and the Columbia River with coal dust and other debris. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge as well as other places.

Asbestos

Railroad workers have long been exposed to hazardous chemicals. Other toxic substances remain in the workplace even when asbestos has been removed. Chemical solvents have been proven to cause asthma and respiratory ailments. Railroad employees may sue their employers to recover damages.

In one case the jury ruled that a locomotive engineer aged 61 was suffering from diesel asthma because of his railroad work. This condition led him to be on medical leave and to lose his wages. He also required two back surgeries, including an lumbar spinal fusion with multiple levels, all of which resulted in significant medical costs.

He stated that He was exposed to diesel exhaust fumes and strong odors. He also stated that the environment was constantly exposed to silica particles chemical compounds, spray paints, and black smoke. His chest tightened up, his throat hurt and he experienced difficulty swallowing. He also suffered from chronic allergies and bronchitis.

The railroads successfully argued that the releases the plaintiff signed in 1996 should not bar the new suit as he was aware of the danger at the time he was exposed to asbestos. Non-Hodgkin's lymphoma lawsuit argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer to allow him the chance to seek medical treatment and determine if his illness was related to his work.

Poor Ventilation

If you or someone near you has been diagnosed with lung disease, mesothelioma or any other type of cancer that could be linked to your work in the field of railroads, you might be able to bring an FELA lawsuit against the company that employed you. FELA lawsuits can provide compensation for medical expenses, lost wages, and pain and suffering. Contact a Houston FELA attorney today to discuss your case.

A jury handed down $2.6 million to an ex- Conrail engineer in his occupational disease trial after determining the source of his debilitating asthma. The jury concluded that his exposure to diesel exhaust fumes was nearly every day while working in rail yards. The lawyers for the plaintiff argued that the railroad failed to stop this kind of exposure through the lack of proper ventilation in the cabs of locomotives.

In addition to the diesel fumes that railroad workers breathe, they also frequently come into contact with toxic chemicals as well as other harmful substances during their job. In Pancreatic cancer lawsuit and maintenance materials, asbestos, benzene and other carcinogens are found. These harmful materials can cause various kinds of cancers, as well as serious health conditions including asthma.

If you suffer from asthma that developed due to your working on the railroad, or when you have family members who have been diagnosed with cancer that may be related to the rail industry and an Houston FELA lawyer can help you hold your employer accountable for their negligence. If you contact an experienced lawyer as soon as you can you will increase your chances of obtaining the financial compensation that you deserve for your suffering and losses.

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