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Lymphoma lawsuit settlement and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can lead to pulmonary illnesses, such as asthma. An experienced FELA lawyer can assist you to file an occupational disease claim against your railroad company.
Two former railroad employees claim that they lost their jobs due to respiratory illnesses that cause severe pain. The lawsuits assert that their years as locomotive engineers exposed to toxins, including gasoline and diesel exhausts, silica particles chemical compounds, and paint sprays.
FELA
Railroad employees are required to file an action under the Federal Employers Liability Act. FELA provides guidelines for recovery similar to those in the statutes for workers' comp claims.
Railroad companies are accountable for occupational diseases like mesothelioma and lung cancer. Unlike workers' comp cases, FELA lawsuits are fault-based that is, the railroad worker must prove the negligence of their employer played some of the injury and damages. This burden of evidence creates FELA lawsuits a contentious matter. Thus, railroad companies attempt to minimize their liability whenever possible.
FELA covers all railway employees employed by common carriers that are involved in interstate trade, including locomotive engineers, conductors yardmasters, signal keepers, trackmen/maintenance of way, bridge and construction workers, welders and electricians. Some exceptions are made for localized independent railroads that do not use their tracks to transport goods over long distances.
A knowledgeable FELA lawyer is crucial for helping railroad employees successfully pursue a lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and are aware of the complex issues involved. For a no-cost consultation, contact us at 1-800-BENZENE.
Work-related Diseases
A person can develop a disease due to exposure to toxic substances at work. These illnesses are known as occupational conditions or toxic lung disorders. They are typically difficult to recognize because the signs of many lung problems do not appear until long after a person has started working at their job. This is due to the lengthy intervals of latency that are associated with a lot of toxic substances.
Medical research must establish that the disease is a result of work-related exposures. This is the reason it is essential to seek legal assistance immediately if you suspect you have acquired a health issue or disease as a result of your railroad work.
Work-related illnesses can include benzene leukemia, fibrosis in the lung, chronic obstructive lung disease (COPD) and hypersensitivity pneumonitis. These diseases are caused by the inhalation of dusts, gasses, vapors or fumes, as well as cigarettes smoke. The symptoms of these diseases will vary based on the type of toxin used and the size of the particle inhaled.
Workers can also suffer from musculoskeletal injuries due to the physical nature of their jobs. These injuries are known as repetitive stress injuries and can cause pain or weakness in various parts. For example, rail workers often suffer from lateral ectodondylitis (tennis elbow) which results in the tear of tendons that are located in the upper arm.
Diesel Exhaust
Diesel fuel is used in most locomotives, and so railroad workers are regularly exposed to diesel fumes. Diesel exhaust contains many pollutants, including particulate matter as well as volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust may cause a myriad of medical issues that include asthma.
The toxins that are present in diesel exhaust can be even more harmful to those who smoke, which is the reason smokers are at greater risk of lung diseases, such as COPD. The pollution that comes from diesel exhaust is also a risk factor for the development of cancer, especially leukemia and non Hodgkin lymphoma.
For a long time locomotives run constantly at train yards, dumping a great deal of diesel exhaust into communities near the railroad. Diesel exhaust poses a particular risk for the majority of working class and minorities neighborhoods that are near these rail yards.
The benzene that is found in diesel exhaust and fuel is linked to leukemia. Railroads must limit the use of these chemicals and ensure that their employees are educated on safety procedures. For instance a congressman from the area has recently called on the commuter rail railroad Metrolink to conduct an assessment of the risk associated with exhaust from its diesel engine that is released into primarily working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA.
Asthma
When long-term exposure to diesel exhaust causes asthma or other respiratory disorders or bronchitis, former and current railroad employees could be eligible for a claim 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 coughing and wheezing. They can also cause chest tightness and shortness breath. It can also make everyday activities difficult. In more severe cases, asthma may cause someone to be admitted to hospital for respiratory failure.
Railroad companies are obliged to ensure that their workers are safe and healthy. This means that they must ensure that the locomotive cabs are properly ventilated, using proper safety gear, and limiting the exposure of workers to harmful fumes. If this is not done, it can lead to occupational diseases such as asthma and lung problems, which can include other respiratory ailments.
If you suffer from mild, moderate or severe asthma that you believe was due to your railroad work it is recommended that you consult an experienced New York railroad settlement attorney. Your attorney can evaluate your situation and determine if a FELA lawsuit against your employer is in your best interests. A successful FELA lawsuit could award an amount of money to compensate for the negative impact that your condition has caused to your career and life.
Homepage: https://www.mikaela.icu/auto-draft-2/
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