FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can trigger pulmonary illnesses, such as asthma. A FELA lawyer with expertise can assist you in filing a claim for occupational disease against your railroad employer.
Two former railroad workers claim to have lost their livelihoods due to respiratory illnesses that cause severe pain. Their lawsuits allege that years spent as locomotive engineers exposed them to toxins such as diesel and gasoline exhaust silica dust particles, chemical compounds and paint sprays.
FELA
Railroad employees have to submit an action under the Federal Employers Liability Act. FELA has guidelines for recovery that are similar to the ones for workers' compensation.
Railroad companies are responsible for occupational illnesses like mesothelioma and lung cancer. As opposed to workers' compensation cases, FELA suits are fault-based. This means that the railroad worker has to prove that the employer was negligent in some way. This high burden of evidence creates FELA lawsuits controversial. Thus, railroad companies try to limit their liability as much as they can.
FELA covers all railway workers employed by common carriers operating in interstate commerce. This includes locomotive engineers, conductors/yardmasters and signal keepers, trackmen/maintenance, bridge and building employees, welders, and electricians. Localized independent railroads that don't transport goods long distances are exempted from the FELA.
A skilled FELA lawyer is necessary to help railroad employees pursue a successful lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and know the complex issues involved. For a no-cost consultation contact us at 1-800-BENZENE.
Occupational Diseases
A person can be diagnosed with a disease because of exposure to toxic substances while at work. railroad back injury settlements are also referred to as toxic lung disorders or occupational illnesses. The occupational diseases are usually difficult to identify since the symptoms of a variety of lung conditions do not manifest until a long time after an individual has begun their job. This is due the long latency period associated with many contaminants.
Medical research must prove that the illness is caused by work-related exposures. It is imperative to seek legal counsel as soon as you suspect that you may have contracted a disease or illness because of your railroad work.
Work-related illnesses can include benzene leukemia, fibrosis of the lungs, chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis. Multiple myeloma settlements are caused by inhalation of dusts, gases, vapors and fumes as well as cigarette smoke. The symptoms of these diseases are different depending on the toxin type and particle size that has been inhaled.
Workers may also experience muscles-related injuries due to the physical nature of their work. These injuries are referred to as repetitive stress injuries, and they can cause pain or weakness in various parts. Rail workers, for example are often afflicted by lateral epicondylitis or tennis elbow. This injury leads to the tearing of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is used by nearly all locomotives, meaning that railroad workers are exposed to diesel fumes. Since diesel exhaust contains a variety of contaminants, including particulate matter volatile organic compounds and toxic metals, long-term exposure can result in a variety of health problems, including asthma.
Smokers are more prone to lung diseases like COPD due to the toxins found in diesel exhaust. Research on diesel exhaust has also revealed that the pollution is a risk factor for developing cancer, particularly leukemia and non-Hodgkin lymphoma.
For a long time locomotives be running continuously at train yards, dispersing lots of diesel exhaust into communities close to the railroad. Diesel exhaust is particularly dangerous for the majority working-class and communities of minorities that are located near these rail yards.
The benzene in the exhaust and diesel fuel has been associated with leukemia in a few individuals, which is the reason railroads must be cautious to limit the impact of these chemicals on their properties, and also ensure that their employees are properly trained on appropriate safety procedures. For instance a congressman from the local area has recently asked the commuter rail railroad Metrolink to conduct an assessment of the risk associated with diesel exhaust that is released into predominantly working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA.
Asthma
Current and former railroad workers could be able to sue their employer if long-term exposure causes pulmonary conditions such as asthma. A successful FELA claim could result in a recovery for the financial, physical and emotional impacts of a pulmonary illness that is a result of work.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can also make daily activities difficult. In more extreme cases, asthma can cause a person to be admitted to hospital due to respiratory failure.
Colon cancer lawsuit settlements are obliged to keep their employees safe and healthy. This means that they must ensure that the locomotive cabs are well ventilated, with the proper safety equipment, and minimizing worker's exposure to harmful fumes. If this is not done, it can lead to occupational diseases like asthma and pulmonary problems, including other respiratory ailments.
If you suffer from mild, moderate or severe asthma which you believe was due to your railroad work You should seek the advice of an expert New York railroad settlement attorney. Your lawyer can assess the situation and determine if filing a FELA lawsuit against your employer is your best option. A successful FELA claim could lead to an amount of money to compensate for the negative impact of your condition on your life and career.