Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful fumes and chemicals like asbestos and silica. These exposures can cause respiratory diseases like asthma.
Fortunately, the victims could be eligible for compensation under the Federal Employers' Liability Act. A good railroad lawsuit asthma lawyer can help. Read on for some examples of successful verdicts and settlements.
Diesel Exhaust
Since trains operate on diesel fuel, a majority of railroad workers are exposed to a range of diesel fumes throughout the day. The fumes consist of soot particles and toxic chemicals. The exposure to these fumes can contribute to asthma and other lung diseases.
Since the beginning of time railroads have become aware of the dangers posed by diesel exhaust. However many companies have not taken the necessary steps to protect their employees. blacklands railroad lawsuit is why some railroad workers have suffered from respiratory illnesses that are a major cause of death.
In conjunction with other workplace hazards, like asbestos, silica and creosote exposure to diesel fumes can lead to the development of life-changing pulmonary illnesses, such as asthma. These conditions can hinder railroad workers from returning back to their jobs, and may even reduce their quality of life.
In one case our lawyers successfully defended an FELA claim made by a former locomotive engineer who claimed that he had developed leukemia and other cancers due to the exposure to diesel fumes as well as other toxic chemicals when working on railway equipment. The court ruled in favor of summary judgment for the railroads in dispute. It ruled that Plaintiff did not conduct an informed search regarding his illness when he was diagnosed and that his claims are not time-barred.
Dust
Railroad workers are often exposed to a variety of dust, including silica from coal dust, ballast, and chemical or petroleum fuels. These toxic substances can cause harm to one's health and contribute to respiratory illness, such as asthma.
Our FELA lawyer has helped many people seek compensation for their exposure. FELA permits workers suffering from certain diseases to hold their employers accountable for failing to protect workers from hazardous workplaces.
A Montana jury, for instance it awarded $3.7 Million to a former engineer of the railroad who was suffering from pulmonary fibroidsis, a progressive lung condition caused by scarring of the lung tissue. His FELA claim alleged that the inhalation of diesel exhaust on hundreds or even 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 condition could have a different cause.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Every time a train passes through the Gorge it pollutes habitats for wildlife and plants, tributary streams, wetlands, and the Columbia River with coal dust and 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. Other toxic materials remain in the workplace, even though asbestos has been removed. Chemical solvents can cause asthma and respiratory illness. Railroad workers can sue their employers to seek compensation.
In one case the jury ruled that a 61-year-old locomotive engineer was suffering from asthma caused by diesel because of his railroad work. The condition forced him to take medical leave, resulting in the loss of wages. He also required two back surgeries, which included an lumbar spinal fusion with multiple levels all of which added up to considerable medical costs.
He stated that the air he breathed was constantly contaminated with diesel exhaust fumes and strong smells. He also stated that he was exposed to silica particles and chemical compounds, as well as spray paints, and black smoke. His chest tense and his throat hurt. He also had difficulty swallowing. He also suffered from chronic allergies and bronchitis.
The railroads successfully argued the releases the plaintiff signed in 1996 should block his new suit because they knew about the risk at the time he was exposed to asbestos. Hughes Law Offices argued that the statute should be enacted until the plaintiff is diagnosed with cancer in order to allow him to seek medical care and determine if his condition is related to his job.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer, lung diseases, mesothelioma or any other form of cancers that could be connected to work in the railroad industry, you could have the right to bring an action under FELA against the company who employed you. FELA lawsuits could award compensation for medical expenses, lost wages and suffering and pain. Contact a Houston FELA lawyer today to discuss your case.
A jury handed down $2.6 million to an ex- Conrail engineer in the case of occupational diseases after determining the source of his chronic asthma. The jury found that his exposure to diesel exhaust fumes was almost continuous while working with locomotives in rail yards. The lawyers representing the plaintiffs claimed that railroads failed to prevent exposure by not installing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals, as well as diesel fumes. In railroad maintenance and construction material asbestos, benzene, and other carcinogens may be discovered. These harmful substances can cause many kinds of cancers, as well as serious health issues, including asthma.
A Houston FELA attorney can help you to hold an employer accountable for their negligence If you suffer from asthma due to your railway work, or someone close to you has been diagnosed with cancer that may be linked to rail industry. Contacting an experienced attorney immediately will help you maximize your chances of obtaining the financial compensation you are entitled to for your injuries and losses.