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15 Things You Don't Know About Railroad Settlement Kidney Cancer
FELA and Railroad Settlement for Asthma

Inhaling diesel fumes while on the job can trigger pulmonary diseases, like asthma. A FELA lawyer with years of experience can assist you with filing a claim for occupational disease against your railroad company.

Two former railroad employees claim they lost their jobs after suffering from debilitating breathing issues. Their lawsuits allege that years spent working as locomotive engineers exposed them to toxins such as diesel and gasoline exhaust silica dust particles, chemical compounds and paint sprays.

FELA

Railroad employees are required to file an claim under the Federal Employers Liability Act. FELA has guidelines for recovery that are similar to those used for workers' compensation.


Railroad corporations are accountable when they expose their employees to exposures to toxic substances in the workplace and later cause occupational illnesses such as mesothelioma, fibrosis lung cancer, scleroderma, or other respiratory ailments. As opposed to workers' compensation cases, FELA suits are fault-based. This means that the railroad worker must to prove that the employer was negligent in some way. FELA lawsuits can be a source of contention because of the burden of the burden of proof. Railroad companies therefore attempt to reduce their liability whenever possible.

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

A skilled FELA lawyer is necessary for helping railroad employees successfully pursue a lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and understand the complicated issues that arise. For a no-cost consultation contact us at 1-800-BENZENE.

Work-related Diseases

An individual can develop a disease due to exposure to toxic substances at work. These are referred to as occupational illnesses or toxic lung disorders. The occupational diseases can be difficult to identify, since the symptoms of lung problems usually do not appear until some time after an individual begins working. This is due to the lengthy time of latency associated with a variety of toxins.

Medical research must demonstrate that the illness is caused by work-related exposures. It is essential to seek legal advice whenever you suspect that you've acquired a health issue or illness because of your railroad work.

The most common workplace-related diseases are benzene leukemia, fibrosis and oedema of the lungs, chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis. These illnesses are caused by inhalation of vapors, gases, dusts or fumes, as well as cigarettes smoke. The symptoms of these diseases may vary based on the type of toxin as well as the size of the particle inhaled.

Workers can also suffer from muscle and skeletal injuries as a result of the physical nature of their jobs. These types of injuries are known as repetitive stress injuries and can cause pain and weakness in various parts of the body. Rail workers, for instance are often afflicted with tennis elbow or lateral epicondylitis. This injury can cause tears of the tendons within the upper arms.

Lymphoma lawsuit settlement run on diesel fuel which means that the majority of railroad employees are exposed to diesel exhaust on a daily basis. Diesel exhaust is a source of many pollutants, such as particulate material and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust can cause a variety of medical problems which include asthma.

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

For decades, locomotives would operate continuously at 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 and minorities communities that are close to these railroad yards.

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

Asthma

When exposure to long-term diesel exhaust leads to pulmonary disorders such as asthma railway workers may have grounds for an action against their employer. A successful FELA claim could result in a recovery for the physical, financial and emotional effects of a work-related pulmonary disorder.

Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness breath. It can also make your daily activities difficult. In the case of more severe asthma, a person may be admitted to hospital because of respiratory failure.

It is the responsibility of railroad companies to ensure that their employees are safe and healthy. This means ensuring that cabins of locomotives are properly ventilated, utilizing appropriate safety equipment, and minimizing exposure to harmful fumes. Inability to do this could lead to occupational illnesses like asthma, pulmonary ailments and other respiratory diseases.

If you have a moderate, severe, or mild asthma condition that has been caused by your time working on the railroad, discuss your case with a seasoned New York railroad settlement asthma lawyer. Your attorney can evaluate your situation and assist you to determine if you should file a FELA lawsuit against your employer is in your best interests. A successful FELA claim can result in an amount of money to compensate for the negative effects of your health condition on your work and life.

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