Railroad Lawsuits and Asthma
Railroad workers are frequently exposed to fumes and toxic chemicals such as silica, creosote, and asbestos. The exposures can result in respiratory diseases like asthma.
Fortunately, victims may be eligible for compensation under the Federal Employers' Liability Act. A good railroad lawsuit asthma lawyer will help. Here are some examples of settlements and verdicts.
Diesel Exhaust
Because trains are powered by diesel fuels railroad employees are exposed all day to diesel fumes. These fumes are a mixture of soot particles as well as toxic chemicals. Exposure to these fumes may be a contributing factor to the development of asthma and other lung illnesses.
Railroads have been aware of dangers of exposure to diesel exhaust for many years. Many companies haven't implemented adequate safeguards to protect their employees. Railroad workers have been diagnosed with respiratory diseases that are debilitating.
Exposure to diesel fumes, when combined with other workplace hazards, such as asbestos, creosote and silica can cause life-altering lung diseases, like asthma. These ailments can prevent railroad workers from returning to work and could affect the quality of their lives.
In one instance, our lawyers successfully represented an FELA lawsuit filed by an engineer for locomotives who claimed he contracted leukemia, and other cancers due to his exposure to toxic chemicals and diesel fumes when working on railroad equipment. The judge granted summary judgment to the railroads in question, deciding that Plaintiff did not conduct an adequately thorough research into the details of his illness at the time of diagnosis and that his claims were barred by time.
Dust
Rail workers are exposed to different dusts, including silica dust from ballasts as well as coal dust. They may also be exposed to chemical or petroleum fuels. These toxic substances are harmful to health and may cause respiratory diseases like asthma.
Our FELA lawyer has helped a lot of people to seek compensation for their exposure. FELA allows those suffering from certain illnesses to hold employers accountable for not protecting them from dangerous workplaces.
For example the case of a Montana jury handed down $3.7 million to an engineer from the past who suffered from lung fibrosis, a chronic lung disease that is caused due to scarring of the lung tissue. His FELA claim claimed that the inhalation of diesel exhaust on a number of, if not thousands, of occasions contributed to the development of his lung disease. Jurors were not persuaded by the defense experts' testimony that the engineer's lung disease could have a different source.
Similarly, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train passes the Gorge it pollutes habitats that are sensitive for wildlife and plants, wetlands, tributary rivers, and the Columbia River. 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 chemical substances for a long time. Other toxic materials remain in the workplace even although asbestos has been removed. Chemical solvents for example, have been found to cause asthma and other respiratory illnesses. Railroad workers are able to sue their employers to recover damages.
In one case the jury determined that a 61-year old locomotive engineer suffered from diesel asthma due to his work in the railroad. The illness forced him take medical leave, resulting in loss of earnings. He also underwent two back surgeries, including the multilevel lumbar spine fuse. All of this added up to substantial medical expenses.
He testified that while working at various railways he was continuously exposed to diesel exhaust fumes, strong odors, silica dust particles, spray paints and chemical compounds as well as black smoke, motor grease, welding and engine oil. His chest tightened up, his throat was aching and he had difficulties swallowing. He also suffered from chronic allergies and bronchitis.
The railroads won the argument that plaintiff's 1996 release should bar the new lawsuit as he knew the risk when he was exposed asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be extended until the plaintiff was diagnosed with cancer to give him the opportunity to seek medical care and determine if the condition was due to his job.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer, lung diseases, mesothelioma, or other types of cancers that may be caused by working in the railroad industry, you could be entitled to file an action under FELA against the corporation who employed you. FELA lawsuits may provide compensation for medical expenses, lost wages, pain and suffering, and other damages. Contact a Houston FELA lawyer today to discuss your case.
A jury handed down $2.6 million to an ex- Conrail engineer in his occupational illness trial after determining the source of the asthma he suffered from. The jury determined that his exposure to diesel exhaust fumes was all the time while working on locomotives in rail yards. The lawyers representing the plaintiffs argued that railroads failed to prevent exposure to diesel exhaust by not installing adequate ventilation in locomotive cabs.
Railroad workers are exposed to toxic chemicals and diesel fumes. In railroad maintenance and construction materials asbestos, benzene, and other carcinogens are discovered. These harmful materials can cause various kinds of cancers and serious health issues like asthma.
If you have asthma that was brought on by your working on the railroad, or if you have loved ones who have been diagnosed with cancer that may be connected to the rail industry and a Houston FELA lawyer can help you ensure that your employer is held accountable for their negligence. By contacting railroad lawsuit settlements seasoned lawyer as soon as you can you will increase your chances of obtaining the financial compensation that you are entitled to for your pain and losses.