Railroad Lawsuits and Asthma
Railroad workers are often exposed to toxic fumes and chemicals such as creosote, silica, and asbestos. The exposures could cause respiratory disorders like asthma.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can aid. Here are some examples of successful settlements and verdicts.
Diesel Exhaust
Because trains run on diesel fuels, railroad workers are constantly exposed to diesel fumes. The fumes consist of tiny soot particles gases and other toxic chemicals that could cause serious health issues. Exposure to these fumes may cause the development of asthma and other pulmonary diseases.
For decades railroads have become aware of the dangers associated with diesel exhaust. However the majority of companies have failed to take adequate steps to protect their employees. Railroad workers have been diagnosed with respiratory illnesses that can be debilitating.
When combined with other workplace hazards, such as asbestos, silica or creosote, exposure to diesel fumes can lead to the development of life-changing pulmonary diseases, including asthma. These symptoms can prevent railroad workers from returning to work, and could even affect their quality of life.
In one instance, our lawyers successfully defended a FELA lawsuit filed by a locomotive engineer who claimed that he had developed leukemia and other types of cancer as a result of exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court granted summary judgment in favor of the railroads that were defendants, and ruled that Plaintiff did not conduct an intelligent research into the details of his condition at the time of diagnosis and that his claims were time-barred.
Dust
Railroad workers are exposed to various types of dust, such as silica from coal dust, ballast, and petroleum or chemical fuels. union pacific railroad lawsuit can be harmful to an individual's health and contribute to respiratory ailments, such as asthma.
Our FELA lawyer has helped a number of people pursue compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain illnesses to hold their employers accountable for their failure to protect workers from hazardous workplaces.
A Montana jury, for example, awarded $3.7 Million to a former locomotive engineer who was suffering from pulmonary fibroidsis. It is a lung condition that progresses due to scarring in lung tissue. His FELA claim claimed that the inhalation of diesel exhaust on hundreds, if not thousands, of occasions contributed to the development of his lung disease. Jurors were not convinced by the testimony of defense experts that the locomotive engineer's lung condition could have a different cause.
Similar to this, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train crosses the Gorge it pollutes habitats that are sensitive for plants and wildlife, and tributary rivers, and the Columbia River. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Rail workers have been exposed to dangerous chemicals for a long time. Other toxic substances remain in the workplace even when asbestos has been removed. Chemical solvents are known to cause asthma and respiratory illness. This is the reason railroad employees may file lawsuits to recover damages from the companies who hired them.
In Bladder cancer lawsuit found that a 61-year old locomotive engineer was suffering from asthma caused by diesel due to his railroad work. The condition forced him to take medical leave, resulting in lost wages. He also was required to undergo two back surgeries, which included a multi-level lumbar spinal fusion that added up to a significant amount of medical costs.
He said that while working for various railways, he was exposed to diesel exhaust fumes, strong odors, silica dust particles, chemicals and spray paints as well as black smoke and motor grease, welding and engine oil. His chest tightened, his throat hurt and he experienced difficulties swallowing. He was suffering from bronchitis and allergic rhinitis, too.
Railroads successfully argued that the release of the plaintiff in 1996 should be a bar to his new suit because he knew the risk of exposure to asbestos. Hughes Law Offices argued that the statute should be enacted until the plaintiff is diagnosed with cancer in order to allow him time to seek medical evaluation and determine whether the condition is related to his work.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer mesothelioma, lung diseases or other forms of cancers that may be related to working in the railroad industry, you may have the right to file an action under FELA against the company which employed you. cancer lawsuits could award compensation for medical expenses, lost wages, and suffering and pain. Contact a Houston FELA attorney today to discuss your case.
A jury has awarded a former Conrail engineer $2.6 million in the case of occupational illness after determining that the retiree's asthma, which is a chronic problem, was caused by his nearly constant exposure to diesel exhaust fumes when working on locomotives at rail yards. The plaintiffs' lawyers argued that railroads failed in their duty to avoid exposure to diesel exhaust fumes by not putting in adequate ventilation in locomotive cabs.
Railroad workers are exposed to toxic chemicals and diesel fumes. In railroad maintenance and construction materials asbestos, benzene, and other carcinogens are discovered. These toxic materials can cause a variety of kinds of cancers and serious health issues, including asthma.
If you have asthma that developed due to your job on the railroad or If you are the parent of loved ones who have been diagnosed with cancer that could be linked to the railroad industry and you should consult a Houston FELA lawyer can help you make your employer accountable for their negligence. If you contact an experienced lawyer as soon as you can you will increase your chances of obtaining the financial compensation that you deserve for your suffering and losses.