FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can lead to pulmonary illnesses, such as asthma. An experienced FELA lawyer can assist you to file an occupational disease claim against your railroad company.
Two former railroad workers claim they have lost their livelihoods due to respiratory illnesses that cause severe pain. Colon cancer lawsuit settlements claim that their years as locomotive engineers exposed to toxins, including gasoline and diesel exhausts, silica particles, chemical compounds, and paint sprays.
FELA
Railroad employees are required to file an claim under the Federal Employers Liability Act. FELA offers guidelines for recovering similar to those that are in place for workers' compensation claims.
Railroad corporations are accountable when they expose their employees to harmful workplace exposures and then trigger occupational diseases like mesothelioma and fibrosis, lung cancer, scleroderma, or other respiratory illnesses. Contrary to claims for workers' compensation, FELA suits are fault-based. This means that the railroad worker needs to prove that the employer was negligent in some way. FELA lawsuits can be a source of contention because of the burden of the burden of proof. Railroad companies strive to minimize their liability whenever they can.
FELA covers all railway employees employed by common carriers in interstate commerce. This includes locomotive engineers, conductors/yardmasters signal keepers, trackmen/maintenance of-way, bridge and building employees electricians, welders, as well as welders. The exception is made for localized independent railroads who do not use their tracks to transport goods over long distances.
A skilled FELA lawyer is essential to help railroad employees succeed in bringing a lawsuit and hold the company responsible for their injuries. Benzene Lawyers has extensive experience in this area of law and is acquainted with the complex issues that arise. Call 1-800-BENZENE today for a complimentary consultation.
Work-related Diseases
A person could be diagnosed with a disease due to occupational exposure to toxic materials. These conditions are also referred to as toxic lung disorders or occupational illnesses. These conditions are often difficult to recognize because the signs of many lung problems do not appear until long after a person has begun working at their job. This is due to the lengthy delay in the onset of many contaminants.
Medical research must prove that the illness is a result of exposure to work. It is crucial to seek legal advice when you suspect that you've acquired a health issue or illness because of your railroad work.
Some workplace-related ailments include benzene lung cancer, fibrosis chronic obstructive pulmonary disease (COPD), hypersensitivity pneumonitis and chronic obstructive lung disease. These diseases are caused by inhalation of vapors, gases, dusts and fumes as well as cigarette smoke. The symptoms of these illnesses vary depending on the type of toxin used and the size of particle that is inhaled.
Workers may also develop muscular injuries due to the physical demands of their work. These kinds of injuries are known as repetitive stress injuries. They can cause pain and weakness across different areas of the body. Rail workers, for instance are often afflicted with tennis elbow or lateral epicondylitis. This injury leads to the tear of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is used in most locomotives, and so railroad workers are exposed daily to diesel fumes. Since diesel exhaust contains many contaminants, including particulate matter volatile organic compounds and toxic metals, exposure for a long time can lead to a variety of medical issues including asthma.
Smokers are more vulnerable to lung diseases such as COPD due to the toxins found in diesel exhaust. Studies on diesel exhaust have also found that the pollutant is an increased risk factor for developing cancer, including leukemia as well as non-Hodgkin lymphoma.
Over Multiple myeloma settlements have run constantly in train yards, emitting a significant amount of diesel exhaust into the communities that surround railroads. Diesel exhaust is especially dangerous for the majority working-class and communities of minorities that are located near these railway yards.
Colon cancer lawsuit settlements in diesel fuel and exhaust is associated with leukemia. Railroads need to limit the use of these chemicals and ensure that their employees are properly educated on safety procedures. For instance, a local congressman has recently urged commuter rail railroad Metrolink to conduct an assessment of risk for the diesel exhaust that is released into primarily working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.
Asthma
If exposure to diesel exhaust causes pulmonary disorders such as asthma or bronchitis, former and current railroad employees may be able to file a claim against their employer. A successful FELA case could result in compensation for the emotional, financial and physical impacts of a pulmonary disorder.
Asthma can cause a variety of symptoms, including wheezing, coughing, chest tightness and breath shortness. It can also make your daily activities difficult. In more extreme cases, asthma can cause a person to be admitted to hospital due to respiratory failure.
It is the responsibility of railroads to ensure that their employees are healthy and safe. This includes ensuring adequate ventilation in locomotive cabs, ensuring the use of appropriate safety gear and limiting worker exposure to dangerous fumes. If this is not done, it could cause occupational health issues such as asthma, pulmonary issues and other respiratory illnesses.
If you suffer from moderate, mild, or severe asthma, which you believe is due to your railroad work then you should consult an expert New York railroad settlement attorney. The lawyer you choose to consult will assess your situation and help you determine whether a FELA lawsuit against your employer is in your best interests. A successful FELA lawsuit could result in financial compensation for the negative impact your condition has had on your career and your life.