Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful chemicals and fumes such as asbestos and silica. These exposures can lead to asthma-related respiratory problems.
Fortunately, victims can recover compensation under the Federal Employers' Liability Act (FELA). A reputable railroad lawsuit asthma lawyer will assist. Here are a few examples of successful settlements and verdicts.
Diesel Exhaust
Because trains are powered by diesel fuels railroad workers are exposed all day to diesel fumes. These fumes are a mixture of soot particles, as well as toxic chemicals. Exposure to these fumes could cause asthma and other lung illnesses.
Railroads have been aware of dangers of exposure to diesel exhaust for years. Many companies haven't taken appropriate measures to safeguard their employees. Some railroad workers have contracted respiratory diseases that are debilitating.
In conjunction with other workplace hazards, such as asbestos, silica or creosote, exposure to diesel fumes could result in the development of life-altering lung illnesses, such as asthma. These symptoms could prevent railroad workers from returning back to their jobs, and may even reduce their quality of life.
In one instance the attorneys of our firm successfully defended a FELA claim brought by a former locomotive engineer who claimed to have contracted leukemia and other cancers as a result of the exposure to diesel fumes and other toxic chemicals while working on railway equipment. The court granted summary judgement on behalf of the railroads. It ruled that Plaintiff had not made a reasonable search for information regarding his condition at the time it was discovered and his claims are barred by time.
Dust
Rail workers are exposed to various dusts, such as silica dust from ballast and coal dust. They may also be exposed to petroleum or chemical fuels. These toxic substances pose a threat to the health of workers and can lead to respiratory diseases like asthma.
Our FELA lawyer has helped a lot of people claim compensation for their exposure. FELA allows employees suffering from certain diseases to hold their employers accountable for not protecting workers from hazardous workplaces.
For instance the case of a Montana jury awarded $3.7 million to a former engineer of the locomotive who was afflicted with lung fibrosis, a chronic lung disease that is caused due to scarring of lung tissue. In his FELA claim, it was claimed that inhaling diesel fumes hundreds, or perhaps thousands of times contributed to the onset and progression of his lung disease. Jurors were not convinced by the defense experts' testimony that the engineer's lung condition could have a different source.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Each time a train passes the Gorge it pollutes habitats that are sensitive for wildlife and plants, wetlands, tributary rivers, and the Columbia River. BNSF has decided to stop transporting coal in the Gorge and other areas.
Asbestos
Rail workers have been exposed to hazardous chemicals for a long time. Other toxic materials remain in the workplace even when asbestos has been removed. Chemical solvents, for instance are found to cause asthma and other respiratory illnesses. This is the reason railroad employees could file lawsuits to recover damages from the companies that employed them.
In one instance, a 61 year old locomotive engineer received $2.6 million following a jury verdict that found that his work on the railroad caused him to suffer from diesel asthma. This condition forced him take medical leave, resulting in a loss of wages. He also required two back surgeries, including an lumbar spinal fusion that was multi-level, all of which resulted in significant medical expenses.
He said the air he breathed was constantly contaminated with diesel exhaust fumes and strong smells. He also said his body was constantly exposed silica particles and chemical compounds, as well as spray paints, and black smoke. His chest tightened and throat hurt. He also had trouble swallowing. He was suffering from bronchitis and allergies, too.
The railroads won the argument that release of the plaintiff in 1996 should be a bar to his lawsuit since he was aware of the dangers of exposure to asbestos. Hughes Law Offices argued that the statute should be tolled up until the plaintiff is diagnosed with cancer, to give him time to seek medical evaluation and determine whether the illness is connected to his job.
Poor Ventilation
If you or someone close to you has been diagnosed with mesothelioma, lung cancer or another type of cancer that may be related to your job in the railway industry, you may be able to make an FELA lawsuit against the company which employed you. FELA lawsuits may award compensation for medical expenses, lost wages, suffering and pain and other damages. Contact an Houston FELA attorney today to discuss your case.
A jury has awarded an ex- Conrail engineer $2.6 million in the course of his occupational illness trial after finding that the retiree's asthma, which is a chronic problem, was caused by the constant exposure to diesel exhaust fumes when working on rail yards to work with locomotives. The plaintiffs' lawyers argued that railroads did not prevent exposure to diesel exhaust fumes by not putting in adequate ventilation in locomotive cabs.
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 job. railroad controls limited lawsuit , benzene, as well as other carcinogens are often found in construction and maintenance materials. These toxic materials can lead to many types of cancers and serious health problems, such as asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence If you suffer from asthma because of your railway work, or your loved ones have been diagnosed with a cancer that may be related to the rail industry. If you contact an experienced lawyer as soon as you can you will increase your chances of obtaining the financial compensation you deserve for your suffering and losses.