Railroad Lawsuits and Asthma
Railroad workers are frequently exposed to toxic fumes and chemicals such as creosote, silica asbestos, and creosote. These exposures may lead to respiratory illnesses like asthma.
Fortunately, victims can recover compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can aid. Find out more about some examples of verdicts and settlements.
Diesel Exhaust
Since trains run on diesel fuel, railroad employees are exposed to a range of diesel fumes throughout the day. The fumes consist of tiny soot particles gasses, and other harmful chemicals that could cause serious health issues. Exposure to these fumes may be a contributing factor to the development of asthma and other pulmonary illnesses.
For decades railroads have been conscious of the dangers posed by diesel exhaust. However the majority of companies have not taken adequate steps to protect their employees. This is why some railroad workers have developed debilitating respiratory illnesses.
When combined with other workplace hazards, like asbestos, silica and creosote, exposure to diesel fumes can result in the development of life-altering pulmonary illnesses, such as asthma. These conditions can hinder railroad workers from returning back to their jobs, and may even decrease their quality of life.
In one instance, our lawyers successfully secured the defense of a FELA lawsuit asserted by a locomotive engineer who claimed he was diagnosed with leukemia and other cancers as a result of his exposure to toxic chemicals and diesel fumes when working on railroad equipment. The court granted summary judgement for the railroad defendants, deciding that Plaintiff did not make a reasonably diligent search for information about his illness at the time of diagnosis, and the claims were time-barred.
Dust
Railroad workers are exposed to various kinds of dust, including silica from ballast, coal dust, and chemical fuels or petroleum. These harmful substances can be harmful to health and can cause respiratory diseases like asthma.
Our FELA lawyer has helped a number of people pursue compensation for their exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain ailments to demand accountability from their employers for failing to protect workers from hazardous workplaces.
A Montana jury, for example gave $3.7 Million to a former locomotive engineer who suffered from pulmonary fibroidsis, a lung condition that progresses due to scarring in lung tissue. The defendant's FELA claim claimed that breathing diesel exhaust on hundreds or even thousands of occasions led to the development of his lung disease. Jurors were not convinced by the defense experts' testimony that the engineer's lung illness could have some other cause.
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 travels through the Gorge it pollutes the 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 have been exposed to dangerous chemicals for a lengthy period. Although asbestos has been largely eliminated from the workplace, other harmful substances are still. Chemical solvents are known to cause asthma and respiratory illnesses. This is the reason railroad employees could file lawsuits to recover damages from the companies who employed them.
In one case, the jury found that a 61-year old locomotive engineer was suffering from asthma caused by diesel due to his work in the railroad. The condition forced him to take medical leave, which resulted in a loss of earnings. He also had two back surgeries including an lumbar spine fusion that was multi-level. All of this added up to huge medical expenses.
He claimed that the air he breathed was constantly contaminated with diesel exhaust fumes and strong odors. He also said his body was constantly exposed silica particles and chemical compounds, as well as spray paints, and black smoke. His chest tightened up, his throat ached and he had difficulty swallowing. He also suffered from chronic allergies and bronchitis.
The railroads successfully argued the releases that plaintiff signed in 1996 should block his new suit because he was aware of the risk at the time he was exposed to asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be tolled until the plaintiff was diagnosed with cancer to allow him the chance to seek medical attention and determine if his illness was due to his job.
Leukemia lawsuit
If you or someone close to you has been diagnosed with mesothelioma, lung cancer or any other cancer that may be related to your employment in the railway industry, you might be able bring an FELA lawsuit against the company which employed you. FELA lawsuits may provide compensation for medical expenses and lost wages, as well as suffering and pain, as well as other damages. Contact a Houston FELA attorney today to discuss your case.
A jury handed down $2.6 million to an ex- Conrail engineer in the course of his occupational disease trial after determining the cause of his chronic asthma. cancer lawsuits concluded that his exposure to diesel exhaust fumes was all the time while working on locomotives in rail yards. The lawyers for the plaintiff argued that the railroad did not stop this kind of exposure by not installing adequate ventilation in the locomotive cabs.
Railroad workers are exposed to toxic chemicals, as well as diesel fumes. In Bladder cancer lawsuit and maintenance materials asbestos, benzene, and other carcinogens can be found. These harmful materials can cause various kinds of cancers and serious health problems, such as asthma.
A Houston FELA attorney can help you make an employer accountable for their negligence if you suffer from asthma as a result of your railway work, or if someone close to you has been diagnosed with a cancer that could be connected to rail industry. A professional attorney you can trust will increase your chances of receiving the financial compensation you're entitled to for the pain and suffering.