Railroad Lawsuits and Asthma
Railroad workers often are exposed to toxic fumes and chemicals such as silica, creosote, and asbestos. These exposures can lead to respiratory disorders like asthma.
Fortunately, victims are able to recover compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can be of assistance. Check out the following examples of verdicts and settlements.
Diesel Exhaust
Because trains run on diesel fuel, most railroad workers are exposed to a range of diesel fumes throughout the day. These fumes comprise a mix of tiny particles of soot, gasses, and other harmful chemicals that could cause serious health issues. Exposure to these fumes could contribute to the development of asthma and other lung illnesses.
Railroads have been aware of dangers of exposure to diesel exhaust for a long time. Many companies have not taken appropriate measures to safeguard their employees. As a result, some railroad workers have developed respiratory illnesses that are a major cause of death.
In conjunction with other workplace hazards, like asbestos, silica, and creosote exposure to diesel fumes could result in the development of life-threatening pulmonary diseases, including asthma. These symptoms can prevent railroad workers from returning back to their jobs, and can even impact their quality of life.
In one case our attorneys successfully defended an FELA lawsuit filed by an engineer working on locomotives who claimed he was diagnosed with leukemia and other cancers because of his exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The judge granted summary judgment to the defendant railroads, ruling that Plaintiff did not make a reasonably diligent lookup for information regarding his condition at the time of diagnosis and that his claims were time-barred.
Dust
Railroad workers are frequently exposed to different kinds of dust, including silica from coal dust, ballast and chemical or petroleum fuels. These toxic substances can be harmful to an individual's health and can cause respiratory diseases, such as asthma.
Our FELA attorney has helped many people seek compensation for exposure to these substances. Fortunately, Lymphoma lawsuit allows workers who have been diagnosed with certain ailments to claim their employers are accountable for not protecting workers from hazardous work environments.
For instance for instance, a Montana jury awarded $3.7 million to a former engineer of the locomotive who was diagnosed with pulmonary fibrosis, which is a progressive lung disease caused by scarring of lung tissue. In his FELA claim, it was claimed that breathing diesel fumes hundreds if no thousands of times, contributed to the onset and the progression of his lung condition. Jurors were not persuaded by the defense experts' testimony that the locomotive engineer's lung condition could have a different source.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Every time a train passes through the Gorge it pollutes the sensitive habitats for wildlife and plants, stream tributary wetlands and the Columbia River with coal dust and other debris. BNSF has decided to stop transporting coal in the Gorge, and other locations.
Asbestos
Rail workers have been exposed chemical substances for a long time. While asbestos has been largely eliminated from the workplace, some toxic materials still remain. Chemical solvents can cause respiratory illnesses and asthma. Railroad workers are able to sue their employers to recover damages.
In one instance one case, a 61-year-old engineer for the locomotive received $2.6 million after a jury's verdict determined that his work on the railroad made him suffer from diesel asthma. The condition forced him to take medical leave, resulting in a loss of wages. He also underwent two back surgeries including the multilevel lumbar spine fuse. All of this added up to significant medical costs.
He said his body was constantly exposed to diesel exhaust fumes and strong smells. He also said the environment was constantly exposed to silica particles, chemical compounds, spray paints, and black smoke. His chest tightened up, his throat ached and he had trouble swallowing. He also was suffering from allergies and chronic bronchitis.
The railroads prevailed in arguing that the release of the plaintiff in 1996 should be a bar to the new lawsuit as he knew about the risk being exposed to asbestos. Hughes Law Offices argued that the statute should be tolled up until the plaintiff is diagnosed with cancer to give him time to seek medical care and determine if his illness is connected to his work.
Poor Ventilation
If you or someone close to you has been diagnosed with mesothelioma or lung disease or another type of cancer that may be related to your job in the field of railroads, you might be able to make an FELA lawsuit against the company that employed you. FELA lawsuits may provide compensation for medical costs as well as lost wages, suffering and pain, as well as other damages. Contact an Houston FELA attorney today to discuss your case.
A jury gave $2.6 million to an ex- Conrail engineer in the case of occupational diseases after determining the root of his asthma-related debilitating condition. The jury found that his exposure to exhaust fumes from diesel engines was almost continuous while working with locomotives in rail yards. The plaintiff's attorneys argued that the railroad failed to stop this kind of exposure because they did not install adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals and diesel fumes. In railroad maintenance and construction material, asbestos, benzene and other carcinogens can be found. Sadly, these dangerous substances can lead to a variety of cancers as well as other serious health conditions, such as pulmonary disorders like asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence If you suffer from asthma due to your railroad work, or your loved ones have been diagnosed with a cancer that could be connected to the rail industry. A professional attorney you can trust will increase your chances of obtaining the financial compensation you are entitled to for your pain and suffering.