Railroad Lawsuits and Asthma
Rail workers are often exposed to toxic chemicals and fumes like asbestos and silica. These exposures may lead to asthma-related respiratory problems.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). A good railroad lawsuit asthma lawyer can aid. Check out the following examples of verdicts and settlements.
Diesel Exhaust
Since trains are powered by diesel fuel, railroad employees are exposed to a range of diesel fumes throughout the day. The fumes consist of tiny particles of soot, gases, and other toxic chemicals that could cause serious health issues. The exposure to these fumes can contribute to the development of asthma and other pulmonary diseases.
Railroads have been aware of dangers of exposure to diesel exhaust for years. However many companies have not taken adequate steps to protect their employees. Some railroad workers have contracted respiratory diseases that are debilitating.
In conjunction with other workplace hazards, like asbestos, silica, and creosote exposure to diesel fumes could result in the development of life-changing pulmonary illnesses, such as asthma. These ailments can stop railroad workers from returning to work, and may even decrease their overall health.
In one instance that our lawyers were able to defend, they successfully the FELA claim asserted by a former locomotive engineer who claimed that he had developed leukemia and other cancers due to his exposure to diesel fumes as well as other toxic chemicals when working on railway equipment. The judge granted summary judgment to the railroads that were defendants, and ruled that Plaintiff did not make an intelligent search for information regarding his illness at the time of diagnosis and the claims were time-barred.
Dust
Rail workers are exposed to different dusts, including silica dust from ballast and coal dust. They may also be exposed to chemical or petroleum fuels. These toxic substances can cause harm to one's health and can cause respiratory illnesses, like asthma.
Leukemia lawsuit has assisted many people pursue compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain ailments to claim their employers are accountable for failing to protect workers from hazardous work environments.
For instance the case of a Montana jury handed down $3.7 million to a former locomotive engineer who suffered from pulmonary fibrosis, a progressive lung disease that is caused by scarring of the lung tissue. In his FELA claim, he claimed that the inhalation of diesel fumes hundreds, or perhaps thousands of times contributed to the onset and progression of his lung disease. The testimony of the defense experts failed to convince jurors that locomotive engineer's lung disease was caused by some other source.
In the same way, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Each time a train crosses the Gorge it pollutes sensitive habitats for wildlife and plants, wetlands, tributary rivers, and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge as well as other places.
Asbestos
Rail workers have been exposed chemicals for a long period of time. While asbestos has been mostly removed from the workplace, a variety of toxic substances remain. Chemical solvents are known to cause respiratory illnesses and asthma. This is the reason railroad workers are able to file lawsuits seeking damages from the companies that employed them.
In one case, a 61 year old locomotive engineer was awarded $2.6 million after a jury verdict found that his work on the railroad caused him to suffer from diesel asthma. This condition forced him take medical leave, which resulted in loss of earnings. He also had two back surgeries, including the lumbar spine fusion with multilevels. union pacific railroad lawsuit of this added up to huge medical expenses.
He admitted that while working at various railways, he was exposed to diesel exhaust fumes, strong odors silica dust particles spray paints and chemical compounds, black smoke as well as welding and engine oil. His chest tightened and his throat hurt. He also had difficulty swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads won the argument that release of the plaintiff from 1996 should block his new suit because he knew about the risk of exposure to asbestos. Hughes Law Offices argued that the statute should be tolled up until the plaintiff is diagnosed with cancer in order to allow him time to seek medical evaluation and determine whether the disease is linked to his work.
Poor Ventilation
If you or someone near you has been diagnosed with mesothelioma or lung disease or any other type of cancer that could be linked to your job in the railroad industry you may be able to start an FELA lawsuit against the company that employed you. FELA lawsuits can provide compensation for medical expenses loss of wages, pain and suffering, and other damages. Contact a Houston FELA lawyer today to discuss your case.
A jury gave $2.6 million to an ex- Conrail engineer in the course of his occupational disease trial after determining the root of his chronic asthma. Leukemia lawsuit determined that his exposure to exhaust fumes from diesel engines was almost all the time while working on locomotives in rail yards. The lawyers representing the plaintiffs claimed that railroads failed to prevent exposure to diesel exhaust by not installing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals and diesel fumes. Asbestos, benzene, and other carcinogens can be found in construction and maintenance materials. These dangerous materials can cause various kinds of cancers, as well as serious health problems, such as asthma.
If you have asthma that was brought on by your railway work, or when you have loved ones who have been diagnosed with cancer that could be connected to the rail industry, hiring a Houston FELA lawyer can help you to hold your employer accountable for their negligence. Contacting a skilled attorney right away can help you maximize your chances of obtaining the financial compensation you are entitled to for your losses and suffering.