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This Is What Railroad Settlement Kidney Cancer Will Look In 10 Years Time
FELA and Railroad Settlement for Asthma

Inhaling diesel fumes while on working can lead to lung diseases, like asthma. A FELA lawyer with experience can assist you in filing a claim for occupational disease against your railroad employer.

Two former railroad employees claim they've lost their jobs due to debilitating breathing disorders. Their lawsuits claim that their working as locomotive engineers were exposed to toxins such as gasoline and diesel exhausts, silica particles chemical compounds and paint sprays.

FELA


While most injured workers are able to seek compensation under standard state workers' compensation statutes, railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to the ones for workers' compensation.

Railroad corporations have to be held accountable if they expose their employees to toxic workplace conditions which can cause occupational diseases like mesothelioma and fibrosis, lung cancer, scleroderma and other respiratory illnesses. Unlike workers' compensation cases, FELA suits are fault-based. This means that the railroad worker must to prove that the employer was negligent in any way. FELA lawsuits are litigious due to the heavy burden of the burden of proof. Consequently, railroad companies try to limit their liability as much as they can.

FELA covers all railway employees employed by common carriers who are engaged in interstate trade, including locomotive engineers, conductors yardmasters, signal maintenanceers, trackmen/maintenance of way bridge and building workers, welders, and electricians. Exceptions are made for localized independent railroads that do not use their tracks to transport goods over long distances.

A skilled FELA attorney is critical to help a railroad worker successfully sue the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and comprehend the intricate issues involved. Contact us at 1-800-BENZENE to schedule a no-cost consultation.

Occupational Diseases

An individual can develop a disease due to exposure to toxic substances at work. These are referred to as occupational conditions or toxic lung disorders. Occupational diseases are often difficult to detect because the symptoms of many lung conditions do not manifest until a long time after an individual has begun working at their job. This is due the long time of latency associated with many toxic substances.

To be considered to be an occupational illness, a disease must manifest during the course of work and the link between exposures at work and the illness needs to be proven through medical research. It is imperative to seek legal counsel when you suspect that you may have been diagnosed with a condition or disease as a result of your railroad work.

Some workplace-related ailments include benzene lung cancer, fibrosis chronic obstructive respiratory disease (COPD), hypersensitivity pneumonitis, as well as chronic obstructive airway disease. These diseases result from inhalation of dusts, gases, vapors and fumes as well as cigarette smoke. Symptoms of these diseases vary according to the type of toxins and the size of particle that is inhaled.

Workers can also suffer from muscles-related injuries due to the physical demands of their jobs. These injuries are referred to as repetitive stress injuries and they can cause pain or weakness throughout the body. For instance, railway workers often suffer from lateral ectodondylitis (tennis elbow) which results in the tearing of tendons in the upper arm.

Diesel Exhaust

Most locomotives run on diesel fuel which means that most railroad workers are exposed to diesel exhaust on a daily basis. Diesel exhaust is full of pollutants, including particulate matter and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust can cause a range of health issues such as asthma.

Smokers are more vulnerable to lung diseases like COPD due to the toxins present in diesel exhaust. The pollution from diesel exhaust is also a risk factor for the growth of cancer, specifically leukemia and non Hodgkin lymphoma.

Over the years, locomotives have been running all the time in train yards, emitting a significant amount of diesel exhaust into the communities that surround railroads. This diesel exhaust is particularly dangerous to the mostly minority and working-class neighborhoods which these rail yards are located.

Non-Hodgkin's lymphoma settlement found in diesel fuel and exhaust is linked to leukemia. Railroads must limit the use of these chemicals and ensure that their employees are educated on safety procedures. A congressman from the local area recently asked Metrolink, a commuter rail railway in Los Angeles, CA, to conduct a risk study of the diesel exhaust released into the mostly working-class neighborhoods near its maintenance yard.

Asthma

If long-term exposure to diesel exhaust leads to asthma or other pulmonary diseases, current and former railroad workers could have grounds to bring a claim against their employer. A successful FELA claim could grant compensation for the physical, financial and emotional effects of a pulmonary illness that is a result of work.

Asthma can trigger a range of symptoms, including coughing, wheezing, chest tightness and breathlessness. It can also make daily activities difficult. In more severe cases, asthma may result in a person being admitted to hospital due to respiratory failure.

It is the duty of railroad companies to ensure that their workers are safe and healthy. This includes providing adequate ventilation in the cabs of locomotives and ensuring the use of appropriate safety equipment and limiting exposure of employees to dangerous fumes. If this is not done, it could lead to occupational illnesses such as asthma, pulmonary issues and respiratory illnesses.

If you have a moderate, severe, or mild asthma attack caused by your experience working on the railroad, discuss your case 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 offer an amount of money to compensate for the negative impact your condition has affected your career and personal life.

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