railroad injury settlement amounts and Railroad Settlement for Asthma
Inhaling diesel fumes while on the job can lead to pulmonary diseases, including asthma. An experienced FELA lawyer can assist you to submit a claim for occupational illness against your railroad company.
Two former railroad employees say they've lost their job due to debilitating breathing issues. The lawsuits allege that the years spent working as locomotive engineers exposed them to toxins such as diesel and gasoline exhaust silica dust particles chemical compounds and paint sprays.
FELA
While most injured workers are able to make a claim for compensation through standard state workers laws railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovering that are similar to the ones for workers' compensation.
Railroad companies have to be held accountable if they expose their employees to toxic workplace exposures and then trigger occupational diseases like mesothelioma and fibrosis, scleroderma, lung cancer or other respiratory ailments. Unlike workers' comp cases, FELA lawsuits are fault-based and railroad workers must prove that the negligence of the employer played some part in causing the injury and damages. This heavy burden of proof creates FELA lawsuits controversial. Therefore, railroad companies attempt to minimize their liability as much as they can.
FELA covers all railway employees who are employed by common carriers in interstate commerce. This includes locomotive engineers, conductors yardmasters, signal keepers, trackmen/maintenance of way bridge and building workers, welders and electricians. Localized independent railroads that don't transport goods over long distances are not covered by FELA.
A skilled FELA attorney is critical to help railroad workers successfully sue the company responsible for their injuries. Benzene Lawyers has extensive experience in this field of law and is acquainted with the complicated issues that arise. Contact us at 1-800-BENZENE to schedule a no-cost consultation.
Occupational Diseases
A person may be diagnosed with a disease due to the exposure of work-related workers to toxic substances. These conditions are also known as toxic lung disorders or occupational illnesses. union pacific settlements are typically difficult to diagnose due to the fact that the signs of many lung conditions do not manifest until long after a person has started working at their job. This is due to the long time of latency associated with a variety of toxic substances.
Medical research must demonstrate that the illness is the result of exposures to work. This is why it is important to seek legal counsel whenever you suspect that you've acquired a health issue or disease due to your work at a railroad.
Some workplace-related illnesses include benzene leukemia, fibrosis of lung, chronic obstructive disease (COPD), and hypersensitivity pneumonitis. These illnesses are caused by breathing in dusts, vapors, gases or fumes, as well as cigarettes smoke. The symptoms of these illnesses are different depending on the toxin type and the size of the particles inhaled.
Workers can also suffer from musculoskeletal injuries due to the physical nature of their work. These injuries are referred to as repetitive stress injuries, and can cause pain or weakness in various parts. Rail workers, for instance, are often affected by lateral epicondylitis or tennis elbow. Colon cancer lawsuit settlements can cause tear of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is utilized by almost all locomotives, so railroad workers are constantly exposed to diesel fumes. Because diesel exhaust is full of pollutants including particulate matter, volatile organic compounds, and toxic metals, exposure for a long time can result in a variety of medical conditions, including asthma.
Smokers are more at risk of lung diseases such as COPD because of the toxins present in diesel exhaust. Research on diesel exhaust has also proven that the pollution is an important risk factor for the development of cancer, particularly leukemia and non-Hodgkin lymphoma.
For a long time locomotives keep running at a constant pace in train yards, dumping an enormous amount of diesel exhaust into communities close to the railroad. Diesel exhaust is especially dangerous for the majority of working-class and communities of minorities that are located near these railroad yards.
The benzene in diesel fuel and exhaust has been linked to leukemia in certain individuals, which is the reason railroads must be cautious to limit these chemicals on their properties and ensure that their employees are properly trained on proper safety procedures. For instance a congressman from the local area has recently urged commuter rail railroad Metrolink to conduct an assessment of the risk associated with diesel exhaust that is released into primarily working-class neighborhoods around its maintenance yard in Los Angeles, CA.
Asthma
Former and current railroad workers may be able to sue their employer in the event that long-term exposure causes pulmonary diseases like asthma. A successful FELA case could result in compensation for the emotional, financial and physical repercussions of a pulmonary disorder.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness as well as shortness of breath. It can also make daily activities difficult. In Colon cancer lawsuit settlements of more severe asthma, a person may be admitted to hospital because of respiratory failure.
Railroad companies are obliged to ensure their employees are safe and healthy. This means ensuring that locomotive cabs are well ventilated, using proper safety gear, and limiting exposure to harmful fumes. Failure to do this can cause occupational illnesses like asthma and pulmonary problems, which can include other respiratory diseases.
If you suffer from a mild, moderate or severe asthma condition that has been caused by your experience working on the railroad, discuss your case with an experienced New York railroad settlement asthma lawyer. Your lawyer will evaluate your situation and determine whether it is a FELA lawsuit against your employer is in your best interests. A successful FELA claim can result in an amount of money to compensate to compensate for the negative impact of your health condition on your professional and personal life.