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Are Railroad Settlement Kidney Cancer The Best Thing There Ever Was?
FELA and Railroad Settlement for Asthma

Inhaling diesel fumes while on the job can trigger pulmonary illnesses, such as asthma. A FELA lawyer with years of experience can help you file an occupational disease claim against your railroad employer.

Two former railroad workers claim to have lost their livelihoods due to chronic respiratory ailments. Their lawsuits claim that the time they spent as locomotive engineers exposed them to toxins such as diesel and gasoline exhaust silica dust particles paint sprays, chemical compounds and.

FELA

While most injured workers can make a claim for compensation through standard state workers' compensation statutes railroad employees have to seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to those for workers' compensation.

Railroad companies must be held accountable when they expose their employees to toxic workplace exposures and later cause occupational illnesses like mesothelioma and fibrosis, scleroderma, lung cancer or other respiratory ailments. In contrast to workers' compensation cases, FELA lawsuits are fault-based that is, the railroad worker must prove the negligence of the employer was at least some role in causing the injury as well as the damages that resulted. cancer lawsuit settlements of evidence makes FELA lawsuits controversial. In turn, railroads try to limit their liability as often as possible.

FELA covers all railway employees who are employed by common carriers in interstate commerce. This includes conductors, locomotive engineers yardmasters, signal maintainers, yardmasters trackmen/maintenance, bridge and construction workers, welders and electricians. Some exceptions are made for localized independent railroads who do not use their tracks to transport goods over long distances.


A knowledgeable FELA lawyer is required to help a railroad employee pursue 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 are aware of the intricate issues involved. For a no-cost consultation contact us at 1-800-BENZENE today.

Occupational Diseases

A person could develop a disease due to exposure to toxic substances at work. These conditions are referred to as occupational diseases or toxic lung conditions. They are typically difficult to identify because the signs of many lung diseases do not show up until a long time after an individual is employed at their job. This is due to the lengthy time of latency associated with many toxic substances.

Medical research has to prove that the disease is the result of exposures to work. This is why it is important to seek legal representation as soon as possible if you suspect that you've acquired a health issue or disease due to your work at a railroad.

The most common workplace-related diseases are benzene leukemia, fibrosis of the lung, chronic obstructive lung disease (COPD), and hypersensitivity pneumonitis. These illnesses are caused by breathing in dusts, vapors, gases fumes, and cigarettes smoke. The symptoms of these illnesses will vary based on the toxin type and particle size that has been inhaled.

Workers can also sustain musculoskeletal injury due to the physical nature of their work. These kinds of injuries are referred to as repetitive stress injuries. They can cause weakness and pain across different areas of the body. For instance, workers on rails frequently suffer from lateral epidondylitis (tennis elbow), an injury that results in the tearing of the tendons of the upper arm.

Diesel Exhaust

Diesel fuel is used by most locomotives, and so railroad workers are constantly exposed to diesel fumes. Diesel exhaust is full of pollutants, such as particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust could cause a myriad of medical issues such as asthma.

Smokers are more at risk of lung diseases like COPD due to the toxins present in diesel exhaust. The toxins in diesel exhaust is also a risk factor in the development of cancer, particularly leukemia and non Hodgkin lymphoma.

For decades, locomotives would keep running at a constant pace in train yards, dumping a great deal of diesel exhaust into communities near the railroad. Diesel exhaust is especially dangerous for the majority of working-class or minorities communities that are close to these railway yards.

The benzene content of diesel exhaust and fuel has been associated with leukemia in a few individuals, which is the reason railroads need to be careful to limit the effects of these chemicals on their properties, and also ensure that their employees are properly trained on appropriate safety procedures. A local congressman recently asked Metrolink which is a commuter rail railroad located in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust that is released into the mainly working-class neighborhoods in the vicinity of its maintenance yard.

Asthma

When long-term exposure to diesel exhaust causes asthma or other pulmonary diseases or bronchitis, former and current railroad workers could have grounds to bring a claim against their employer. A successful FELA case could provide compensation for the financial, emotional and physical impacts of a lung disorder.

Asthma can cause a variety of symptoms, such as wheezing, coughing, tightness in the chest, and breathlessness. It can also make daily activities difficult. In more severe cases, asthma can result in a person being admitted to a hospital for respiratory failure.

It is the duty of railroad companies to ensure that their workers are healthy and safe. This means ensuring that locomotive cabs are adequately ventilated, utilizing appropriate safety gear, and minimizing exposure to harmful fumes. If this is not done, it can cause occupational diseases such as asthma and pulmonary problems, which can include other respiratory illnesses.

If you suffer from mild, moderate, or severe asthma, which you believe was caused by your work on the railroad, you should consult an experienced New York railroad settlement attorney. Your lawyer will evaluate the situation and determine if filing a FELA suit against your employer is the best option for you. A successful FELA claim could provide an amount of money to compensate for the negative effect of your health condition on your professional and personal life.

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