FELA and Railroad Settlement for Asthma
Asthma and other lung diseases can be caused by diesel fumes in the workplace. union pacific settlements with experience will assist you in filing an occupational disease claim against your railroad company.
Two former railroad workers claim they've lost their job because of debilitating breathing issues. Their lawsuits assert that they suffered from time as locomotive engineers exposed them to toxins, including diesel and gasoline exhausts, silica particles chemical compounds, and paint sprays.
union pacific settlements have to submit claims under the Federal Employers Liability Act. FELA provides guidelines for recovery similar to those that are in the law for workers' compensation claims.
Railroad companies are accountable for occupational illnesses like mesothelioma and lung cancer. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based and railroad workers must prove that the negligence of the employer was at least some role in causing the injury and subsequent damages. This burden of evidence creates FELA lawsuits a contentious matter. Therefore, railroad companies fight to minimize their liability as much as they can.
FELA covers all railway employees who are employed by common carriers in interstate commerce, which includes conductors, locomotive engineers yardmasters, signal maintenanceers trackmen/maintenance of ways, bridge and construction workers, welders and electricians. The exception is made for localized independent railroads who do not utilize their tracks to transport goods over long distances.
A knowledgeable FELA attorney is critical for helping a railroad worker to file a successful lawsuit against the company that caused their injuries. Benzene Lawyers has extensive experience in this area of law and is familiar with the complex issues that arise. To get a free consultation, contact us at 1-800-BENZENE today.
Work-related Diseases
A person may develop a condition due to exposure to toxic substances at work. These conditions are referred to as occupational diseases or toxic lung conditions. The occupational diseases can be difficult to identify, since the symptoms of lung disorders often do not show up until an extended period of time after an individual starts working. This is due to the long latency period associated with many toxic substances.
Medical research has to prove that the illness is a result of work-related exposures. It is essential to seek legal advice as soon as you suspect that you may have developed a disease or illness because of your railroad job.
Some workplace-related diseases include benzene lung cancer, fibrosis, chronic obstructive respiratory disease (COPD) and hypersensitivity pneumonitis and chronic obstructive airway disease. These illnesses result from inhalation of dusts, vapors, gases, fumes, and cigarette smoke. The symptoms of these illnesses are different depending on the type of toxin used and particle size inhaled.
railroad injury settlement amounts can also sustain injuries to their muscles due to the physical nature their job. These types of injuries are known as repetitive stress injuries. They may cause pain and weakness in different parts of the body. Rail workers, for example are often afflicted with lateral epicondylitis or tennis elbow. This injury leads to the tears of the tendons within the upper arms.
Diesel Exhaust
Most locomotives run on diesel fuel which means that the majority of railroad employees are exposed to diesel exhaust on a daily basis. Diesel exhaust is full of contaminants, including particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust could cause a range of health issues which include asthma.
The toxins in diesel exhaust can be more harmful to those who smoke, which is the reason smokers are at greater risk of lung diseases, such as COPD. The toxins in diesel exhaust is also a risk factor for the growth of cancers, particularly leukemia and non Hodgkin lymphoma.
Over the years, locomotives have been running constantly in train yards, releasing a large amount of diesel exhaust into the communities around railroads. Diesel exhaust is especially dangerous to the mostly minority and working-class neighborhoods the areas where these rail yards are located.
The benzene that is found in diesel fuel and exhaust is linked to leukemia. Railroads need to limit the use of these chemicals and ensure that their employees are properly trained on safety procedures. For instance, a local congressman has recently urged commuter rail railroad Metrolink to conduct a risk assessment of the diesel exhaust which is released into primarily working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.
Asthma
Current and former railroad workers might be able claim against their employer if long-term exposure causes pulmonary diseases such as asthma. A successful FELA claim could result in a recovery for the financial, physical and emotional effects of a work-related pulmonary disorder.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can also make everyday activities difficult. In more severe asthma cases the patient could be admitted to hospital due to respiratory failure.
It is the responsibility of railroad companies to ensure that their workers are safe and healthy. This means that they must ensure that the locomotive cabs are well ventilated, utilizing appropriate safety gear, and limiting exposure to harmful fumes. Inability to do this could cause occupational health issues such as asthma, pulmonary ailments and respiratory illnesses.
If you suffer from mild, moderate, or severe asthma, which you believe was caused by your railroad job, you should consult an expert New York railroad settlement attorney. Your lawyer will evaluate the situation and determine if filing a FELA lawsuit against your employer is the best option for you. A successful FELA lawsuit could result in an amount of money to compensate for the negative impact that your condition has affected your career and life.