Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful chemicals and fumes like asbestos and silica. These exposures may lead to asthma-related respiratory problems.
Fortunately, victims could be eligible for compensation under the Federal Employers' Liability Act. An asthma attorney for railroad lawsuits can aid. Take a look at these examples of verdicts that have won and settlements.
Diesel Exhaust
Because trains are powered by diesel fuels railroad workers are exposed throughout the day to diesel fumes. These fumes are composed of soot particles, as well as toxic chemicals. Exposure to these fumes may contribute to asthma and other lung diseases.
Since the beginning of time railroads have been conscious of the dangers associated with diesel exhaust. However numerous companies have failed to take adequate steps to protect their employees. Certain railroad workers have developed respiratory illnesses that can be debilitating.
In conjunction with other workplace hazards, such as asbestos, silica or creosote exposure to diesel fumes can lead to the development of life-threatening pulmonary illnesses, such as asthma. These symptoms can often prevent railroad workers from returning to their jobs and may reduce the quality of their lives.
In one instance that our lawyers were able to defend, they successfully a FELA claim made by a former engineer who claimed to have contracted leukemia and other cancers due to his exposure to diesel fumes and other toxic chemicals while working on railway equipment. The court granted summary judgment in favor of the railroads that were defendants, and ruled that Plaintiff did not conduct an intelligent lookup for information regarding his condition at the time of diagnosis and that his claims were time-barred.
Dust
Rail workers are exposed to various dusts, including silica dust from ballasts and coal dust. Leukemia lawsuit can also be exposed to chemical or petroleum fuels. These toxic substances can be harmful to health and can trigger respiratory illnesses such as asthma.
Bladder cancer lawsuit has assisted many people pursue compensation for their exposure to these substances. FELA allows those suffering from certain illnesses to hold employers accountable for failing to protect workers from hazardous workplaces.
For instance, a Montana jury gave $3.7 million to a former locomotive engineer who was afflicted with pulmonary fibrosis, which is a progressive lung disease that is caused due to scarring of lung tissue. His FELA claim alleged that the inhalation of diesel exhaust on a number of or even thousands of occasions contributed to the development of his lung disease. Jurors were not convinced by the testimony of defense experts that the engineer's lung disease must have a different cause.
Similarly, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train runs through the Gorge it pollutes habitats for wildlife and plants, the wetlands, tributary streams and the Columbia River with coal dust and other debris. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Railroad workers have long been exposed to dangerous chemicals. Other toxic substances remain in the workplace even when asbestos has been removed. Chemical solvents, like, have been identified as causing asthma and other respiratory illnesses. This is why railroad workers could file lawsuits to recover damages from the companies who hired them.
In one instance in one case, a 61-year old locomotive engineer received $2.6 million following a jury verdict that found that his work at the railroad caused him to suffer from diesel asthma. The illness forced him take medical leave, resulting in the loss of wages. He also had to undergo two back surgeries, including a multi-level lumbar spinal fusion that resulted in significant medical costs.
He stated that He was exposed to diesel exhaust fumes and strong smells. He also stated that he was exposed to silica particles chemical compounds, spray paints and black smoke. The chest tightened, the throat hurt and he experienced trouble swallowing. He also suffered from allergies and chronic bronchitis.
The railroads successfully argued that the agreements signed by the plaintiff in 1996 should not bar his new suit because he was aware of the risk at the time he was exposed asbestos. Bladder cancer lawsuit argued that the statute should be tolled up until the plaintiff is diagnosed with cancer, to allow him time to seek medical care and determine if his disease is linked to his job.
Poor Ventilation
If you or someone near you has been diagnosed with mesothelioma, lung disease or any other cancer that could be linked to your employment in the field of railroads, you may be able to start a FELA lawsuit against the company that employed you. FELA lawsuits may provide compensation for medical expenses as well as lost wages, suffering and pain and other damages. Contact an Houston FELA attorney today to discuss your case.
A jury awarded a former Conrail engineer $2.6 million in the course of his occupational illness trial after finding that the retired engineer's asthma-related illness was the result of his nearly constant exposure to diesel exhaust fumes during crewing locomotives at rail yards. The plaintiff's lawyers argued that the railroad did not prevent this kind of exposure through the lack of adequate ventilation in the locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they also frequently come into contact toxic chemicals and other harmful substances in their work. In the construction and maintenance of railroad material, asbestos, benzene and other carcinogens may be discovered. Sadly, these harmful materials can cause many different cancers and serious illnesses, including respiratory conditions such as asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence if you suffer from asthma as a result of your railway work, or if a loved one has been diagnosed with cancer that may be related to the railroad industry. By contacting a seasoned attorney as soon as possible you will have the best chances of receiving the financial compensation that you are entitled to for your pain and losses.