FELA and Railroad Settlement for Asthma
Asthma and other lung diseases can be caused by diesel fumes in the workplace. A seasoned FELA lawyer can assist you to make a claim for occupational diseases against your railroad company.
Two former railroad employees claim that they have lost their livelihoods due to respiratory illnesses that cause severe pain. Their lawsuits assert that they suffered from years as locomotive engineers exposed to toxins like gasoline and diesel exhausts, silica particles chemical compounds, and paint sprays.
FELA
Railroad employees have to submit an action under the Federal Employers Liability Act. FELA provides guidelines for recovery similar to the ones in the law for workers' compensation claims.
Colon cancer lawsuit settlements are accountable for occupational illnesses like mesothelioma and lung cancer. In Multiple myeloma settlements to workers' compensation cases, FELA lawsuits are fault-based and railroad workers must prove that the negligence of the employer played some role in causing the injury and resulting damages. This high burden of evidence creates FELA lawsuits a source of contention. Railroad companies therefore strive to minimize their liability whenever they can.
FELA covers all railway employees employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance-of way bridge and building workers electricians, welders, as well as welders. There are exceptions for localized independent railroads who do not use their tracks to transport goods over long distances.
A competent FELA lawyer is crucial for helping railroad employees successfully pursue a lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and know the intricate issues that arise. Contact us at 1-800-BENZENE to schedule a no-cost consultation.
Occupational Diseases
A person may be diagnosed with a disease due to occupational exposure to toxic materials. These conditions are referred to as occupational illnesses or toxic lung disorders. The occupational diseases are usually difficult to recognize because the signs of many lung ailments do not surface until long after a person has begun working at their job. This is due to the long intervals of latency that are associated with a lot of toxins.
Medical research must demonstrate that the disease is a result of exposure to work. Multiple myeloma settlements is important to seek legal counsel when you suspect that you may have contracted a disease or illness because of your railroad job.
Some workplace-related illnesses include benzene leukemia, fibrosis and oedema of the lung, chronic obstructive lung disease (COPD) and hypersensitivity pneumonitis. Inhalation of vapors and gases fumes and dusts, as well smoking cigarettes can trigger these diseases. The symptoms of these illnesses vary depending on the type of toxin being used and the size of the particle that is inhaled.
Workers may also develop muscular injuries due to the physical nature of their jobs. These kinds of injuries are known as repetitive stress injuries. They could cause pain and weakness throughout the body. Rail workers, for instance are frequently affected by tennis elbow or lateral epicondylitis. This injury can cause rupture of the tendons of the upper arms.
Diesel Exhaust
Diesel fuel is used in almost all locomotives, so railroad workers are exposed daily to diesel fumes. Diesel exhaust contains many pollutants, including particulate matter and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust may lead a variety medical issues such as asthma.
Smokers are more at risk of lung diseases such as COPD because of the toxins in diesel exhaust. Studies on diesel exhaust have also found that the pollutant is a risk factor in the development of cancer, particularly leukemia and non-Hodgkin's lymphoma.
For decades, locomotives would keep running at a constant pace in train yards, dumping large quantities of diesel exhaust into communities around the railroad. This diesel exhaust is especially dangerous to the mostly working-class and minority neighborhoods in which these rail yards are located.
The benzene that is found in diesel fuel and exhaust is linked to leukemia. Railroads should limit their use of these chemicals and ensure that their employees are properly informed about safety protocols. For example local congressman has recently urged commuter rail railroad Metrolink to conduct an assessment of risk for the exhaust from its diesel engine that is released into the primarily working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.

Asthma
Former and current railroad employees might be able sue their employer if prolonged exposure leads to pulmonary disorders like asthma. A successful FELA claim could grant compensation for the financial, physical and emotional consequences of a work-related pulmonary disorder.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can also make everyday activities difficult. In more serious cases, asthma could cause a person to be admitted to hospital due to respiratory failure.
Railroad companies have a responsibility to keep their employees safe and healthy. This includes ensuring that locomotive cabs are adequately ventilated, and fitted with appropriate safety gear, and limiting the exposure of workers to harmful fumes. Inability to do this could lead to occupational illnesses such as asthma, pulmonary issues and respiratory illnesses.
If you suffer from a mild, moderate or severe asthma problem that has been caused by your time working on the railroad, discuss your situation with a seasoned New York railroad settlement asthma lawyer. Your attorney can evaluate your situation and help you determine if it is a FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could offer financial compensation for the negative impact your situation has had on your professional and personal life.