FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on working can lead to lung diseases, including asthma. union pacific settlements seasoned FELA lawyer can help you make a claim for occupational diseases against your railroad company.
Two former railroad employees claim they have lost their livelihoods due to chronic breathing problems. Their lawsuits assert that they suffered from working as locomotive engineers were exposed to toxic substances like gasoline and diesel exhausts, silica particles chemical compounds, and paint sprays.
FELA
Railroad employees have to submit an action under the Federal Employers Liability Act. FELA provides guidelines for recovery similar to the ones in place for workers' compensation claims.
Railroad corporations are responsible for occupational illnesses such as mesothelioma and lung cancer. In contrast to workers' compensation cases, FELA lawsuits are fault-based that is, the railroad worker has to prove the negligence of the employer played some part in causing the injury and subsequent damages. FELA lawsuits are tense because of the burden of evidence. Railroad companies, therefore, strive to minimize their liability whenever possible.
FELA covers all railway employees who are employed by common carriers that are involved in interstate commerce. This includes locomotive engineers, conductors yardmasters, signal maintenanceers, trackmen/maintenance of way bridge and construction workers, welders and electricians. Exceptions are made for localized independent railroads that do not utilize their tracks to transport goods over long distances.
railroad back injury settlements is essential to help railroad employees to file a successful lawsuit and hold the company responsible for their injuries. Benzene Lawyers has extensive experience in this area of law and is familiar with the intricate issues involved. For a no-cost consultation, contact us at 1-800-BENZENE.
Occupational Diseases
A person can develop a disease because of work-related exposure to toxic materials. These conditions are also known as toxic lung disorders or occupational diseases. These conditions can be difficult to recognize, as the symptoms of lung issues often do not show up until an extended period of time after an individual begins working. This is due to the long latency period associated with many toxins.
To be considered an occupational illness, a illness must be present during the course of employment. Additionally, the link between exposures from work and the disease must be established by medical research. This is why it is important to seek legal advice whenever you suspect you have developed a disease or illness due to your work at a railroad.
Some workplace-related diseases include benzene lung cancer, fibrosis chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis and chronic obstructive airway disease. railroad back injury settlements are caused by breathing in vapors, gases, dusts and fumes as well as cigarette smoke. The symptoms of these illnesses vary according to the type of toxins and the size of particle that is inhaled.
Workers may also develop muscles-related injuries due to the physical nature of their work. These types of injuries are known as repetitive stress injuries. They may cause weakness and pain in various parts of the body. For instance, railway workers often suffer from lateral epicondylitis (tennis elbow) which results in the tearing of tendons that are located in the upper arm.
Diesel Exhaust
Almost all locomotives use diesel fuel, which means that the majority of railroad employees are exposed to diesel fumes on a regular basis. Because diesel exhaust is full of pollutants like particulate matter, volatile organic compounds, and toxic metals, exposure over a long period can lead to a variety of medical conditions, including asthma.
The toxins that are present in diesel exhaust can be more harmful to people who smoke, which is the reason smokers are more susceptible to the development of lung diseases such as COPD. Studies on diesel exhaust have also proven that the pollution is an increased risk factor for developing cancer, particularly leukemia and non-Hodgkin lymphoma.
Over the years locomotives have run continuously in train yards release a lot of diesel exhaust into communities that surround railroads. This diesel exhaust is especially dangerous to the largely minority and working class neighborhoods in the area where the rail yards are situated.
The benzene in the exhaust and diesel fuel has been associated with leukemia in certain individuals, which is the reason railroads must be mindful to limit the effects of these chemicals on their properties, and also ensure that their employees are properly trained on the proper safety protocols. A local congressman recently asked Metrolink which is a commuter railroad railway located in Los Angeles, CA, to conduct a risk assessment of the diesel exhaust released into the predominantly working-class neighborhoods surrounding its maintenance yard.
Asthma
If long-term exposure to diesel exhaust results in asthma or other pulmonary diseases, current and former railroad employees could be eligible for a claim against their employer. A successful FELA claim could lead to compensation for the emotional, financial and physical consequences of a pulmonary disorder.
Asthma can cause a variety of symptoms, including coughing, wheezing and tightness in the chest, and shortness of breath. It can also make daily activities difficult. In the case of more severe asthma it is possible to be admitted to hospital because of respiratory failure.
Railroad companies are obliged to ensure that their employees are safe and healthy. This includes ensuring that the locomotive cabs are well ventilated, using proper safety equipment, and limiting worker's exposure to harmful fumes. Inability to do this could cause occupational health issues such as asthma, pulmonary issues and other respiratory ailments.
If you suffer from mild, moderate or severe asthma which you believe was caused by your railroad job it is recommended that you consult an experienced New York railroad settlement attorney. The lawyer you choose to consult will assess your situation and assist you to determine if it is a FELA lawsuit against your employer is in your best interest. A successful FELA claim can result in financial recovery for the negative effects of your health condition on your professional and personal life.