FELA and Railroad Settlement for Asthma
Asthma and other lung diseases can be caused by diesel fumes at the workplace. A FELA lawyer with experience can help you file a claim for occupational disease against your railroad company.
Two former railroad workers claim they have lost their livelihoods due to respiratory illnesses that cause severe pain. Their lawsuits claim that they were experiences as locomotive engineers exposed them to toxins, including gasoline and diesel exhausts, silica particles, chemical compounds, and paint sprays.
FELA
Railroad employees must, however, file an action under the Federal Employers Liability Act. FELA provides guidelines for recovery similar to the ones in place for workers' compensation claims.
Railroad companies are accountable when they expose their employees to exposures to toxic substances in the workplace and then cause occupational diseases such as mesothelioma, fibrosis lung cancer, scleroderma and other respiratory ailments. As opposed to workers' compensation claims, FELA lawsuits are fault-based which means that the railroad worker must prove the negligence of the employer played some part in causing the injury and resulting damages. This high burden of evidence creates FELA lawsuits a contentious matter. Thus, railroad companies fight to minimize their liability whenever possible.
FELA covers all railway employees employed by common carriers engaged in interstate commerce, including conductors, locomotive engineers yardmasters, signal maintainers, yardmasters trackmen/maintenance bridge and construction workers, welders and electricians. The exception is made for localized independent railroads which do not use their tracks to transport goods over long distances.
A knowledgeable FELA lawyer is crucial to help railroad employees successfully pursue a lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and comprehend the intricate issues involved. Call 1-800-BENZENE for a no-cost consultation.
Work-related Diseases
A person could be diagnosed with a disease because of exposure to toxic substances at work. These conditions are referred to as occupational diseases or toxic lung disorders. They can be challenging to recognize, as the symptoms of lung disorders generally do not show until a long time after an individual starts working. This is due to the lengthy latency period associated with many toxins.
To be considered to be an occupational illness, a disease must manifest during the course of employment, and the link between exposures at work and the condition must be proven through medical research. This is why it is crucial to seek legal assistance as soon as you can if you suspect that you've acquired a health issue or disease as a result of your railroad work.
Work-related illnesses can include benzene leukemia, fibrosis in the lung, chronic obstructive disease (COPD), and hypersensitivity pneumonitis. Multiple myeloma settlements of vapors and gases dusts and fumes as well smoking cigarettes can cause these diseases. The symptoms of these diseases may vary based on the type of toxin as well as particle size inhaled.
Workers can also suffer from muscle and skeletal injuries as a result of the physical demands of their jobs. These kinds of injuries are known as repetitive stress injuries and can cause pain and weakness across different areas of the body. Rail workers, for example are frequently affected by tennis elbow or lateral epicondylitis. This injury causes the tears of the tendons within the upper arms.
Diesel Exhaust
Diesel fuel is used in nearly all locomotives, meaning that railroad workers are exposed daily to diesel fumes. Diesel exhaust contains many pollutants, including particulate material and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust may lead a variety medical issues that include asthma.
The toxins that are present in diesel exhaust may be more harmful to people who smoke, which is why smokers are more susceptible to the development of lung diseases, such as COPD. The pollution that comes from diesel exhaust is also a risk factor in the development of cancer, especially leukemia and non Hodgkin lymphoma.
Over the years locomotives have been operating constantly in train yards, which has released a considerable amount of diesel exhaust into the communities around railroads. Diesel exhaust is especially dangerous for the majority of working-class or minority neighborhoods located near these railway yards.
The benzene present in diesel fuel and exhaust is associated with leukemia. railroad injury settlement amounts must limit the use of these chemicals and ensure that their employees are properly trained in safety procedures. A congressman from the area recently asked Metrolink which is a commuter railroad railroad in Los Angeles, CA, to conduct a risk study of the diesel exhaust released into the predominantly working-class neighborhoods around its maintenance yard.
Asthma
When long-term exposure to diesel exhaust results in asthma-related pulmonary conditions, such as railway workers could have grounds to bring an action against their employer. A successful FELA claim could lead to compensation for the financial, emotional and physical repercussions of a lung disorder.
Asthma symptoms include wheezing and coughing. Colon cancer lawsuit settlements can also cause chest tightness and shortness of breath. It can make your daily activities difficult. In more severe asthma cases the patient could be admitted to a hospital due to respiratory failure.
It is the duty of railroad companies to ensure that their workers are healthy and safe. This means ensuring that locomotive cabs are adequately ventilated, with the proper safety equipment, and limiting worker's exposure to harmful fumes. Inability to do this could cause occupational health issues like asthma, pulmonary ailments and other respiratory ailments.
If you suffer from moderate, mild or severe asthma which you believe is caused by your work on the railroad, you should consult an experienced New York railroad settlement attorney. The lawyer you choose to consult will assess your situation and help determine whether an FELA lawsuit against your employer is in your best interests. A successful FELA claim could lead to an amount of money to compensate for the negative effects of your condition on your life and career.