Railroad Lawsuits and Asthma
Rail workers are frequently exposed to toxic chemicals and fumes like silica and asbestos. The exposures can result in lung diseases, such as asthma.
Fortunately, victims are able to recover compensation under the Federal Employers' Liability Act (FELA). A good railroad lawsuit asthma lawyer can assist. Find out more about some examples of verdicts and settlements.
Diesel Exhaust
Since trains operate on diesel fuel, most railroad workers are exposed to a range of diesel fumes throughout the day. These fumes are composed of tiny soot particles gasses, and other harmful chemicals that could cause serious health issues. Exposure to these fumes could cause asthma and other lung illnesses.
For decades railroads have become aware of the dangers associated with diesel exhaust. However, many companies have failed to take adequate steps to protect their employees. This is why some railroad workers have been diagnosed with respiratory ailments that are severe and debilitating.
Excessive exposure to diesel fumes when combined with other workplace hazards, such as asbestos, creosote or silica can result in life-altering lung diseases, including asthma. These ailments can prevent railroad workers from returning to work and can affect the quality of their lives.
In one case our attorneys successfully in defending the rights of a FELA lawsuit asserted by an engineer on the locomotive who claimed that he had developed leukemia and other cancers due to his exposure to toxic diesel fumes and toxic chemicals when working on railroad equipment. The court granted summary judgment in favor of the railroads in question, deciding that Plaintiff did not conduct an adequate lookup for information regarding his condition at the time of diagnosis, and the claims were time-barred.
Dust
Rail workers are exposed to many dusts, including silica dust from ballasts as well as coal dust. They can also be exposed to petroleum or chemical fuels. These toxic substances can cause harm to one's health and contribute to respiratory ailments, such as asthma.
Leukemia lawsuit has assisted many people to seek compensation for their exposure. FELA allows workers with certain illnesses to hold employers accountable for failing to protect them from dangers in their workplaces.
Leukemia lawsuit , for instance, awarded $3.7 Million to a former locomotive engineer who suffered from pulmonary fibroidsis, a chronic lung condition caused by scarring of the lung tissue. In his FELA claim, it was claimed that inhaling diesel fumes hundreds or even thousands of times, contributed to the onset and progress of his lung disease. The testimony of defense experts failed to convince jurors that the locomotive engineer's lung disease was caused by a different cause.
Similar to this, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Each time a train crosses the Gorge it pollutes habitats that are sensitive for plants and wildlife, such as wetlands, tributary rivers and the Columbia River. BNSF has agreed to stop transporting coal in the Gorge as well as other places.
Asbestos
Rail workers have been exposed to dangerous chemicals for a long period of time. Other toxic materials remain in the workplace even though asbestos has been removed. Chemical solvents are known to cause asthma and respiratory illness. Railroad employees may sue their employers to seek compensation.
In Leukemia lawsuit , a 61-year-old locomotive engineer was awarded $2.6 million following a jury verdict that found that his work on the railroad made him suffer from diesel asthma. This illness forced him to take medical leave, which resulted in lost wages. He also was required to undergo two back surgeries, including an lumbar spinal fusion with multiple levels that added up to significant medical costs.
He stated that while working on different railways he was exposed to diesel exhaust fumes strong smells silica dust particles chemical compounds and spray paints, black smoke, welding, motor grease, and engine oil. His chest tense and his throat hurt. He also had difficulty swallowing. He suffered from bronchitis and allergies, too.
Railroads successfully argued that the release of the plaintiff in 1996 should be a bar to his new lawsuit because he was aware of the dangers of exposure to asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be extended until the plaintiff was diagnosed with cancer to allow him to seek medical attention and determine if the illness was related to his employment.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer mesothelioma, lung diseases or any other type of cancers that may be caused by working in the railroad industry, you may be able to file a lawsuit under FELA against the company who employed you. FELA lawsuits could award compensation for medical expenses and lost wages, as well as suffering and pain, and other damages. Contact cancer lawsuits to discuss your case.
A jury awarded $2.6 million to an ex- Conrail engineer in the case of occupational diseases after determining the root of the asthma he suffered from. The jury concluded that his exposure to diesel exhaust fumes was every day while working in rail yards. The plaintiff's attorneys argued that the railroad failed to protect against this kind of exposure by not installing adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes that railroad workers breathe, they also frequently come into contact with toxic chemicals as well as other harmful substances during their jobs. In construction and maintenance material asbestos, benzene, and other carcinogens are found. These harmful substances can cause many types of cancers and serious health conditions including asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence If you suffer from asthma resulting from your railway work, or a loved one has been diagnosed with a cancer that is linked to the rail industry. By contacting a seasoned attorney as soon as possible, you can maximize your chances of getting the financial compensation you are entitled to for your pain and losses.