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FELA and Railroad Settlement for Asthma

Asthma and other lung diseases can be caused by diesel fumes in the workplace. A FELA lawyer with expertise can help you file an occupational disease claim against your railroad company.

Two former railroad employees claim they lost their jobs after suffering from debilitating breathing problems. The lawsuits claim that the years spent working as locomotive engineers exposed them like gasoline and diesel exhaust silica dust particles, paint sprays and chemical compounds.

FELA

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

Railroad corporations are accountable for occupational diseases like mesothelioma and lung cancer. Unlike workers' compensation cases, FELA suits are fault-based. This means that the railroad employee has to prove that the employer was negligent in some way. This high burden of evidence is what makes FELA lawsuits controversial. Railroad companies therefore attempt to reduce their liability whenever they can.

FELA covers all railway employees employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers, signal keepers, trackmen/maintenance-of-way bridge and building construction employees, welders, and electricians. Exceptions are made for localized independent railroads who do not utilize their tracks to transport goods over long distances.

A seasoned FELA lawyer is essential to help a railroad employee to file a successful lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and know the complicated issues that arise. Contact us at 1-800-BENZENE to schedule a no-cost consultation.

Occupational Diseases

A person can develop a condition due to exposure to toxic substances at work. Mesothelioma settlement are also known as toxic lung disorders or occupational illnesses. They are typically difficult to recognize because the signs of many lung conditions do not manifest until a long time after an individual has begun working at their job. This is due to the lengthy intervals of latency that are associated with a lot of contaminants.

Medical research has to prove that the disease is a result of work-related exposures. It is important to seek legal advice when you suspect that you've contracted a disease or illness because of your railroad job.

Examples of workplace-related illnesses include benzene leukemia, fibrosis in the lung, chronic obstructive respiratory disease (COPD), and hypersensitivity pneumonitis. These illnesses are caused by inhalation of vapors, gases, dusts and fumes as well as cigarette smoke. The symptoms of these illnesses may vary based on the type of toxin used and the size of the particles inhaled.

Mesothelioma lawsuit settlements may also develop musculoskeletal injuries due to the physical demands of their jobs. These kinds of injuries are known as repetitive stress injuries and can cause pain and weakness across different areas of the body. For instance, railroad workers frequently suffer from lateral epicondylitis (tennis elbow), an injury that results in the tearing of tendons that are located in the upper arm.

Diesel Exhaust

Nearly all locomotives use diesel fuel, which means that most railroad workers are exposed to diesel fumes on a daily basis. Because diesel exhaust is full of contaminants, including particulate matter volatile organic compounds and toxic metals, long-term exposure can result in a variety of medical issues including asthma.


The toxins present in diesel exhaust can be more harmful to those who smoke, which is why smokers are at greater risk of lung-related diseases such as COPD. The pollution that comes from diesel exhaust is also a risk factor in the growth of cancers, particularly leukemia and non Hodgkin lymphoma.

Over the decades locomotives have run constantly in train yards, releasing a large amount of diesel exhaust into communities that surround railroads. Diesel exhaust poses a particular risk for the majority working-class and minorities communities that are close to these railway yards.

The benzene found in diesel exhaust and fuel is associated with leukemia. Railroads need to limit the use of these chemicals and ensure that their employees are trained in safety procedures. For instance, a local congressman has recently urged commuter rail railroad Metrolink to conduct an assessment of the risks associated with diesel exhaust that is released into the primarily working-class neighborhoods around its maintenance yard in Los Angeles, CA.

Asthma

If exposure to diesel exhaust causes asthma-related pulmonary conditions, such as railway employees may be able to file a claim against their employer. A successful FELA claim could grant compensation for the financial, physical and emotional impacts of a work-related pulmonary condition.

Asthma symptoms include wheezing and coughing. They can also cause chest tightness as well as shortness of breath. It can also make everyday activities difficult. In more severe cases of asthma it is possible to be admitted to a hospital due to respiratory failure.

Railroad companies have a responsibility to ensure that their employees are safe and healthy. This means ensuring that cabins of locomotives are properly ventilated, and fitted with appropriate safety equipment, and limiting exposure to harmful fumes. Failure to do so can cause occupational diseases such as asthma and pulmonary issues, and even other respiratory illnesses.

If you have a mild, moderate or severe case of asthma caused by your work on the railroad, you should discuss your situation with an experienced New York railroad settlement asthma lawyer. Your attorney can evaluate your situation and determine whether an 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 that your condition has had on your career and life.

Read More: https://amicable-deer-wnf93j.mystrikingly.com/blog/a-how-to-guide-for-railroad-settlement-interstitial-lung-disease-from
     
 
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