Railroad Lawsuits and Asthma
Rail workers are frequently exposed to toxic chemicals and fumes like silica and asbestos. These exposures can trigger lung diseases, such as asthma.
Fortunately, victims can recover compensation under the Federal Employers' Liability Act (FELA). A good railroad lawsuit asthma lawyer will assist. Read on for some examples of verdicts and settlements.
Diesel Exhaust
Since trains run on diesel fuel, railroad workers are exposed variety of diesel fumes during the day. These fumes are composed of soot particles and harmful chemicals. Exposure to these fumes may contribute to the development of asthma and other pulmonary illnesses.
For decades, railroads have been aware of the dangers that come with diesel exhaust. Many companies haven't implemented adequate safeguards to protect their employees. Some railroad workers have contracted respiratory illnesses that can be debilitating.
Exposure to diesel fumes when combined with other workplace hazards such asbestos, creosote or silica, can lead to life-changing lung diseases, like asthma. These conditions can hinder railroad workers from returning to their jobs, and could even affect their overall health.
In one instance, our lawyers successfully secured a FELA lawsuit asserted by an engineer working on locomotives who claimed that he had developed leukemia, as well as other cancers as a result of exposure to toxic chemicals and diesel fumes while working on railroad equipment. The court granted summary judgement for the defendant railroads. It decided that Plaintiff did not conduct an adequate search for information about his condition when he was diagnosed and that his claims are barred by time.
Dust
Railroad workers are frequently exposed to different kinds of dust, including silica from coal dust, ballast and chemical fuels or petroleum. union pacific railroad lawsuits are harmful to health and may cause respiratory diseases like asthma.
Our FELA lawyer has assisted many people seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain diseases to hold their employers accountable for their failure to protect workers from hazardous work environments.
A Montana jury, for instance has awarded $3.7 Million to an engineer from the past who was suffering from pulmonary fibroidsis, a lung condition that progresses due to scarring of the lung tissue. In his FELA claim, it was claimed that breathing diesel fumes hundreds or even thousands of times, contributed to the development and the progression of his lung condition. The testimony of the experts for the defense did not convince jurors that locomotive engineer's lung disease was caused by an unrelated source.
Similarly, 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 plant and wildlife habitat, tributary streams, wetlands, and the Columbia River with coal dust and other debris. BNSF has accepted to stop transporting coal through the Gorge and other areas.
Asbestos
Railroad workers have for a long time been exposed to hazardous chemicals. Although asbestos has been largely removed from the workplace, a variety of toxic materials still remain. Chemical solvents for example, have been recognized to cause asthma and respiratory diseases. Railroad employees can sue their employers to obtain compensation.
In one instance, the jury found that a locomotive engineer aged 61 was suffering from diesel asthma due to his work in the railroad. This condition forced him take medical leave, which resulted in lost wages. He also required two back surgeries, which included the multi-level lumbar spine fusion all of which added up to considerable medical costs.
He said He was exposed to diesel exhaust fumes and strong smells. He also said he was exposed to silica particles, chemical compounds, spray paints and black smoke. His chest tightened up, his throat ached and he had difficulty swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads successfully argued that the releases the plaintiff signed in 1996 should not bar his new suit because he was aware of the danger at the time he was exposed asbestos. Hughes Law Offices argued that the statute should be enacted until the plaintiff is diagnosed with cancer to allow him to seek medical care and determine if his condition is related to his job.
Poor Ventilation
If you or someone near you has been diagnosed with lung disease, mesothelioma or another type of cancer that is related to your job in the field of railroads, you might be able start an FELA lawsuit against the company that employed you. FELA lawsuits could award compensation for medical expenses as well as lost wages, pain and suffering, and other damages. Contact a Houston FELA lawyer today to discuss your case.
A jury awarded a former Conrail engineer $2.6 million in the case of occupational illness after determining that the retiree's asthma-related illness was the result of his constant exposure to diesel exhaust fumes while crewing locomotives at rail yards. The lawyers representing the plaintiffs claimed that railroads failed in their duty to avoid exposure by not installing adequate ventilation in locomotive cabs.
Railroad workers are exposed toxic chemicals and diesel fumes. In construction and maintenance material, asbestos, benzene and other carcinogens can be found. Sadly, these dangerous substances can cause a myriad of cancers and serious health issues, including pulmonary conditions such as asthma.
If you have asthma that arose due to your job on the railroad or when you have family members who have been diagnosed with cancer that could be linked to the railroad industry or a railroad, an Houston FELA lawyer can help you to hold your employer accountable for their negligence. Contacting an experienced attorney immediately will increase your chances of obtaining the financial compensation you're entitled to for your losses and suffering.