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Railroad Lawsuits and Asthma
Rail workers are frequently exposed to harmful chemicals and fumes like silica and asbestos. These exposures can cause asthma-related respiratory problems.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can assist. Here are some examples of settlements that have been successful and verdicts.
Diesel Exhaust
Since trains run on diesel fuel, the majority of railroad workers are exposed variety of diesel fumes through the day. The fumes consist of soot particles and harmful chemicals. Exposure to these fumes can cause asthma and other lung illnesses.
Since the beginning of time railroads have been aware of the dangers that come with diesel exhaust. However, many companies have failed to take the necessary steps to protect their employees. As a result, many railroad workers have been diagnosed with respiratory ailments that are severe and debilitating.
Exposure to diesel fumes, when combined with other workplace hazards, such as asbestos, creosote and silica, can lead to life-changing lung diseases, including asthma. These symptoms could prevent railroad workers from returning back to their work, and may even reduce their quality of life.
In one instance, our lawyers successfully in defending the rights of a FELA lawsuit filed by a locomotive engineer who claimed that he developed leukemia, and other cancers due to exposure to toxic chemicals and diesel fumes while working on railroad equipment. The court ruled in favor of summary judgment for the railroads in dispute. The court ruled that Plaintiff had not conducted an informed search regarding his illness at the time the disease was discovered, and that his claims are not time-barred.
Dust
Railroad workers are frequently exposed to various kinds of dust, such as silica from coal dust, ballast and petroleum or chemical fuels. These toxic substances can be harmful to health and may cause respiratory diseases like asthma.
Our FELA attorney has helped many people pursue compensation for their exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain ailments to make their employers accountable for failing to safeguard them from dangerous work environments.
For instance an Montana jury awarded $3.7 million to a former locomotive engineer who suffered from pulmonary fibrosis, a progressive lung disease caused by scarring of lung tissue. The defendant's FELA claim claimed that the inhalation of diesel exhaust on a number of, if not thousands, of occasions contributed to the development of his lung disease. Jurors were not convinced by the testimony of defense experts that the engineer's lung illness could have a different source.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Each time a train travels through the Gorge, it pollutes sensitive habitats for wildlife and plants, stream tributary wetlands and the Columbia River with coal dust and debris. In lung cancer lawsuit from smoking of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Rail workers have been exposed to hazardous chemical substances for a long time. Although asbestos has been largely eliminated from the workplace, other toxic substances remain. Chemical solvents, for example, have been identified as causing asthma and respiratory diseases. This is the reason railroad employees can file lawsuits in order to recover damages from the companies that hired them.
In one instance the jury determined that a 61-year old locomotive engineer was suffering from asthma caused by diesel due to his work in the railroad. This condition led him to be on medical leave and lose wages. He also had to undergo two back surgeries, including a multi-level lumbar spinal fusion that added up to a significant amount of medical costs.
He claimed that the air he breathed was constantly contaminated with diesel exhaust fumes as well as strong smells. He also said his body was constantly exposed silica particles and chemical compounds, as well as spray paints, and black smoke. The chest tightened, the throat ached and he had difficulty swallowing. He also suffered from chronic allergies and bronchitis.
The railroads prevailed in arguing that the plaintiff's 1996 release should bar his new suit because they knew of the risk of exposure to asbestos. Hughes Law Offices argued that the statute should be tolled up until the plaintiff is diagnosed with cancer to allow him time to seek medical care and determine if his illness is connected to his job.
Poor Ventilation
If you or someone near you has been diagnosed with mesothelioma, lung disease or any other cancer that could be linked to your work in the field of railroads, you might be able bring a FELA lawsuit against the company that employed you. FELA lawsuits could award compensation for medical expenses as well as lost wages, suffering and pain, and other damages. Contact an Houston FELA lawyer today to discuss your case.
A jury awarded $2.6 million to an ex- Conrail engineer in the course of his occupational disease trial after determining the cause of his asthma-related debilitating condition. The jury concluded that his exposure to diesel exhaust fumes was continuous while working with locomotives in rail yards. The lawyers for the plaintiff argued that the railroad failed to protect against this kind of exposure by not installing adequate ventilation in the locomotive cabs.
In addition to the diesel fumes railroad workers breathe, they also frequently come into contact with toxic chemicals and other harmful substances while doing their work. Asbestos, benzene and other carcinogens can be found in construction and maintenance materials. These toxic substances can cause many kinds of cancers and serious health issues like asthma.
If you suffer from asthma that was brought on by your working on the railroad, or if you have a loved one who has been diagnosed with cancer that could be linked to the rail industry, a Houston FELA lawyer can help you hold your employer accountable for their negligence. Engaging an experienced attorney as soon as possible will help you maximize your chances of obtaining the financial compensation you are entitled to for your losses and suffering.
Homepage: https://www.rhianna.top/railroad-lawsuit-aml-explained-in-less-than-140-characters/
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