Railroad Lawsuits and Asthma
Rail workers are frequently exposed to harmful chemicals and fumes like asbestos and silica. The exposures can result in pulmonary disorders such as asthma.
Fortunately, victims may be eligible for compensation under the Federal Employers' Liability Act. A good railroad lawsuit asthma lawyer can assist. Find out more about some examples of verdicts that have won and settlements.
Diesel Exhaust
Because trains are powered by diesel fuels railroad employees are exposed all day to diesel fumes. These fumes contain a mixture of tiny soot particles gasses, and other harmful chemicals that could cause serious health issues. Exposure to these fumes may cause the development of asthma and other pulmonary diseases.
Railroads have been aware about the dangers of exposure to diesel exhaust for many years. However the majority of companies have failed to take adequate steps to protect their employees. As a result, some railroad workers have been diagnosed with respiratory ailments that are severe and debilitating.
When combined with other workplace hazards such as asbestos, silica or creosote, exposure to diesel fumes could lead to the development of life-altering lung diseases, including asthma. These conditions can hinder railroad workers from returning to their jobs, and could even affect their life quality.
In one instance, our lawyers successfully represented an FELA lawsuit asserted by an engineer working on locomotives who claimed that he developed leukemia, as well as other cancers as a result of exposure to toxic diesel fumes and toxic chemicals when working on railroad equipment. The court granted summary judgment in favor of the railroads in question, deciding that Plaintiff did not conduct a reasonably diligent research into the details of his condition at the time of diagnosis, and the claims were time-barred.
Dust
Railroad workers are exposed to different kinds of dust, such as silica from ballast, coal dust, and chemical fuels or petroleum. These harmful substances can be harmful to health and may cause respiratory illnesses such as asthma.
cancer lawsuit has helped a lot of people seek compensation for exposure to these substances. FELA allows workers with certain diseases to hold their employers accountable for failing to protect them from unsafe workplaces.
A Montana jury, for example gave $3.7 Million to a former locomotive engineer who was suffering from pulmonary fibroidsis. It is a progressive lung condition caused by scarring of the lung tissue. His FELA claim claimed that breathing diesel exhaust on hundreds, if not thousands, of occasions led to the development of his lung disease. Jurors were not persuaded by the testimony of defense experts that the engineer's lung condition could have a different source.
In the same way, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train travels through the Gorge it pollutes the sensitive habitats for wildlife and plants, the wetlands, tributary streams and the Columbia River with coal dust and debris. BNSF has accepted to stop transporting coal in the Gorge as well as other places.
Asbestos
Rail workers have been exposed to dangerous chemicals for a lengthy period. Other toxic substances remain in the workplace, even when asbestos has been removed. Chemical solvents have been proven to cause asthma and respiratory ailments. Railroad workers are able to sue their employers to recover damages.
In one instance the jury found that a locomotive engineer aged 61 suffered from diesel asthma due to his work on railroads. This condition forced him take medical leave, resulting in loss of wages. cancer lawsuit had to undergo two back surgeries, including the multi-level lumbar spine fusion, all of which added up to considerable medical expenses.
He stated that the air he breathed was constantly contaminated with diesel exhaust fumes as well as strong smells. He also said his body was constantly exposed silica particles, chemical compounds, spray paints and black smoke. Bladder cancer lawsuit tightened up, his throat ached and he had trouble swallowing. He was suffering from allergies and bronchitis, too.
The railroads prevailed in arguing that the plaintiff's 1996 release should bar the new lawsuit as he knew the risk when exposed to asbestos. Hughes Law Offices argued that the statute should be extended until the plaintiff is diagnosed with cancer, to allow him time to seek medical attention and determine if the illness is connected to his job.
Poor Ventilation
If you or someone close to you has been diagnosed with mesothelioma or lung disease or any other cancer that could be linked to your work in the railway industry, you might be able to file a FELA lawsuit against the company that employed you. FELA lawsuits can award compensation for medical expenses, lost wages, and pain and suffering. Contact a Houston FELA lawyer today to discuss your case.
A jury awarded a former Conrail engineer $2.6 million in his occupational health trial after concluding that the retiree's asthma-related problems were caused by his nearly constant exposure to diesel exhaust fumes when working on locomotives at rail yards. union pacific railroad lawsuit argued that the railroad was unable to protect against this kind of exposure through the lack of adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals and diesel fumes. In the construction and maintenance of railroad material, asbestos, benzene and other carcinogens may be found. These hazardous materials can lead to many kinds of cancers, as well as serious health problems, such as asthma.
A Houston FELA attorney can help you make an employer accountable for their negligence If you suffer from asthma due to your railroad work, or if a loved one has been diagnosed with cancer that may be related to rail industry. By contacting a seasoned lawyer as soon as you can, you can maximize your chances of getting the financial compensation that you deserve for your suffering and losses.