Railroad Lawsuits and Asthma
Rail workers are often exposed to toxic fumes and chemicals like asbestos and silica. These exposures can trigger lung diseases, such as asthma.
Fortunately, Leukemia lawsuit are eligible for compensation under the Federal Employers' Liability Act. A good railroad lawsuit asthma lawyer can aid. Here are some examples of settlements and verdicts.
Diesel Exhaust
Since trains run on diesel fuels, railroad employees are exposed all day to diesel fumes. union pacific railroad lawsuit consist of soot particles and toxic chemicals. Exposure to these fumes may contribute to the development of asthma and other pulmonary diseases.
Since the beginning of time railroads have become aware of the risks associated with diesel exhaust. Many companies haven't taken the proper precautions to protect their employees. Certain railroad workers have developed respiratory illnesses that can be debilitating.
The exposure to diesel fumes, when combined with other workplace hazards like asbestos, creosote and even silica can trigger life-altering lung conditions, such as asthma. These symptoms could prevent railroad workers from returning to work, and can even impact their life quality.
In one case our lawyers successfully defended a FELA claim asserted by a former engineer who claimed to have developed leukemia and other cancers as a result of his exposure to diesel fumes as well as other toxic chemicals when working on railway equipment. The court granted summary judgment for the railroads that were defendants. The court ruled that Plaintiff had not made a reasonable search for information regarding his condition at the time the disease was discovered, and that his claims are barred by time.
Dust
Railroad workers are exposed to various kinds of dust, including silica from coal dust, ballast, and chemical fuels or petroleum. These toxic substances are harmful to health and can cause respiratory illnesses like asthma.
Our FELA lawyer has assisted many people get compensation for their exposure. FELA permits workers suffering from certain illnesses to hold employers accountable for failing to protect workers from hazardous workplaces.
For example an Montana jury handed down $3.7 million to a former locomotive engineer who was afflicted with lung fibrosis, a chronic lung disease that is caused due to scarring of the lung tissue. In his FELA claim, he claimed that the inhalation of diesel fumes hundreds, if no thousands of times contributed to the onset and progress of his lung disease. The testimony of the defense experts could not convince jurors that the locomotive engineer’s lung disease was caused by some other 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 goes through the Gorge, it pollutes sensitive plant and wildlife habitat, the wetlands, tributary streams and the Columbia River with coal dust and other debris. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge and other areas.
Asbestos
Rail workers were exposed to dangerous chemicals for a long time. While asbestos has been largely eliminated from the workplace, a variety of toxic materials still remain. Chemical solvents for example are identified as causing asthma and respiratory diseases. Railroad workers can sue their employers to get compensation for their losses.
In one case the jury ruled that a 61-year old locomotive engineer was suffering from asthma caused by diesel because of his railroad work. This illness forced him to take medical leave, which resulted in the loss of wages. He also required two back surgeries, including an lumbar spinal fusion that was multi-level all of which added up to a significant amount of medical costs.
He stated that the air he breathed was constantly contaminated with diesel exhaust fumes as well as strong odors. He also stated that he was constantly exposed to silica particles as well as chemical compounds, spray paints and black smoke. The chest tightened up and his throat hurt. He also had difficulty swallowing. He suffered from bronchitis and allergies too.
The railroads prevailed in arguing that the release of the plaintiff from 1996 should block the new lawsuit as they knew of the risk being exposed to asbestos. Leukemia lawsuit argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer in order to allow him to seek medical attention and determine if his condition was due to his job.
Poor Ventilation
If you or someone near you has been diagnosed with mesothelioma, lung cancer or any other type of cancer that could be linked to your job in the railway industry, you could be eligible to start a FELA lawsuit against the company which employed you. FELA lawsuits can award compensation for medical expenses, lost wages, and pain and suffering. Contact a Houston FELA attorney today to discuss your case.
A jury gave $2.6 million to a former Conrail engineer in his occupational illness trial after determining the source of his debilitating asthma. The jury determined that his exposure to diesel exhaust fumes was all the time while working on locomotives in rail yards. The plaintiffs' lawyers argued that railroads did not prevent exposure to diesel exhaust fumes by not putting in adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes railroad workers breathe, they frequently come in contact with toxic chemicals as well as other harmful substances during their job. Asbestos, benzene, and other carcinogens can be found in construction and maintenance materials. These hazardous substances can cause many kinds of cancers, as well as serious health issues, including asthma.
A Houston FELA attorney can help you hold an employer accountable for their negligence in the event that you suffer from asthma resulting from your railway work, or if someone close to you has been diagnosed with cancer that may be related to the rail industry. A professional attorney you can trust can help you maximize your chances of receiving the financial compensation you're entitled to for the pain and suffering.