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FELA and Railroad Settlement for Asthma

Asthma and other pulmonary diseases can be caused by diesel fumes that are emitted from the workplace. A FELA lawyer with years of experience can help you file a claim for occupational disease against your railroad employer.

Two former railroad workers claim to have lost their livelihoods because of debilitating respiratory conditions. The lawsuits claim that the years spent working as locomotive engineers exposed them to toxins like gasoline and diesel exhaust silica dust particles, paint sprays, chemical compounds and.


FELA

Railroad employees have to submit claims under the Federal Employers Liability Act. FELA offers guidelines for recovering similar to those that are in the law for workers' compensation claims.

Railroad companies are accountable for occupational diseases like mesothelioma and lung cancer. Unlike workers' comp cases, FELA lawsuits are fault-based which means that railroad workers must prove that the negligence of their employer played some part in causing the injury and subsequent damages. This burden of evidence is what makes FELA lawsuits a source of contention. Thus, railroad companies fight to minimize their liability whenever they can.

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

A knowledgeable FELA lawyer is necessary to help a railroad employee pursue a successful lawsuit and hold the company accountable for their injuries. Benzene Lawyers has extensive experience in this area of law and is acquainted with the complex issues that arise. railroad injury settlement amounts -800-BENZENE today for a complimentary consultation.

Work-related Diseases

A person can develop a disease because of work-related exposure to toxic materials. These diseases are also known as toxic lung disorders or occupational diseases. These conditions can be difficult to detect, since the signs of lung problems often do not show up until some time after an individual begins working. This is due to the long intervals of latency that are associated with a lot of toxins.

Medical research must establish that the disease is caused by work-related exposures. This is why it is vital to seek legal counsel as soon as you can if you suspect you have been diagnosed with a disease or illness due to your job at the railroad.

Examples of workplace-related illnesses include benzene leukemia, fibrosis of the lung, chronic obstructive respiratory disease (COPD), and hypersensitivity pneumonitis. Inhalation of vapors and gases, fumes and dusts aswell smoking cigarettes can trigger these ailments. The symptoms of these illnesses will vary based on the type of toxin used and the size of the particles inhaled.

Workers can also suffer injuries to their musculoskeletal system due to the physical nature their job. These types of injuries are known as repetitive stress injuries. railroad back injury settlements can cause weakness and pain throughout the body. For instance, railway workers often suffer from lateral epicondylitis (tennis elbow), an injury that causes the tearing of tendons that are located in the upper arm.

Diesel Exhaust

The majority of locomotives utilize diesel fuel which means that railroad workers are exposed to diesel exhaust on a daily basis. Since diesel exhaust contains a variety of contaminants, including particulate matter volatile organic compounds and toxic metals, exposure over a long period can result in a variety of health problems, including asthma.

The toxins present in diesel exhaust may be more harmful to people who smoke, which is the reason smokers are more susceptible to the development of lung diseases, such as COPD. Research on diesel exhaust has also proven that the pollution is a risk factor in the development of cancer, particularly leukemia and non-Hodgkin lymphoma.

For a long time locomotives be running continuously at train yards, dispersing large quantities of diesel exhaust into the communities that are near the railroad. This diesel exhaust is particularly hazardous to the predominantly minority and working class neighborhoods in the area where the rail yards are situated.

The benzene content of the exhaust and diesel fuel has been associated with leukemia in certain people, which is why railroads must be cautious to limit these chemicals on their properties and make sure that their employees are properly trained on appropriate safety procedures. For instance local congressman has recently asked the commuter rail railroad Metrolink to conduct an assessment of the risks associated with exhaust from its diesel engine that is released into predominantly working-class communities that surround its maintenance yard in Los Angeles, CA.

Asthma

If exposure to diesel exhaust results in asthma or other pulmonary diseases railway workers may have grounds for an action against their employer. A successful FELA claim could grant compensation for the financial, physical and emotional effects of a pulmonary disease that is caused by work.

Asthma symptoms include wheezing and coughing. They can also cause chest tightness and shortness breath. It can also make daily activities difficult. In railroad injury settlement amounts of asthma people may be admitted to hospital due to respiratory failure.

Railroad companies have a duty to keep their employees safe and healthy. This means that they must ensure that the locomotive cabs are properly ventilated, and fitted with appropriate safety equipment, and limiting exposure to harmful fumes. Failure to do so can result in occupational illnesses such as asthma and lung problems, which can include other respiratory ailments.

If you suffer from a mild, moderate or severe asthma condition that has been caused by your work on the railroad, you should discuss your situation with an experienced New York railroad settlement asthma lawyer. The lawyer you choose to consult will assess your situation and assist you to determine whether a FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could offer an amount of money to compensate for the negative impact your situation has affected your career and your life.

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