Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful fumes and chemicals like asbestos and silica. These exposures can cause respiratory disorders like asthma.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can be of assistance. Here are some examples of settlements that have resulted in successful verdicts.
Diesel Exhaust
Since trains are powered by diesel fuel, most railroad workers are exposed variety of diesel fumes during the day. These fumes are a mixture of soot particles, as well as toxic chemicals. Exposure to these fumes could lead to the development of asthma and other lung illnesses.
Since the beginning of time, railroads have been aware of the risks associated with diesel exhaust. Many companies have not taken the proper precautions to protect their employees. Certain railroad workers have developed respiratory diseases that are debilitating.
Exposure to diesel fumes, when coupled with other workplace hazards like asbestos, creosote and even silica, can lead to life-changing lung conditions, such as asthma. These conditions can prevent railroad workers from returning to their work and could impact the quality of their lives.
In one case our attorneys successfully secured a FELA lawsuit asserted by an engineer for locomotives who claimed that he had developed leukemia, and other cancers as a result of exposure to toxic chemicals and diesel fumes when working on railroad equipment. The court granted summary judgment in favor of the defendant railroads, ruling that Plaintiff did not conduct a reasonably diligent research into the details of his condition at the time of diagnosis and that his claims were barred by time.
Dust
Rail workers are exposed to many dusts, such as silica dust from ballasts and coal dust. They can also be exposed to petroleum or chemical fuels. cancer lawsuit are harmful to the health of workers and can lead to respiratory diseases like asthma.
Our FELA lawyer has helped a number of people seek compensation for their exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain diseases to make their employers accountable for their failure to protect them from unsafe work environments.
For instance, a Montana jury gave $3.7 million to a former locomotive engineer who was afflicted with pulmonary fibrosis, which is a progressive lung disease that is caused by scarring of the lung tissue. In his FELA claim, the defendant claimed that the inhalation of diesel fumes hundreds, or perhaps thousands of times, contributed to the onset and the progression of his lung condition. Jurors were not persuaded by the testimony of defense experts that the engineer's lung disease must have a different source.
Similar to that, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Every time a train travels through the Gorge it pollutes sensitive habitats for plants and wildlife, and tributary rivers, and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other areas.
Asbestos
Railroad workers have been exposed to dangerous chemicals. While asbestos has been mostly eliminated from the workplace, some toxic substances remain. Chemical solvents, for instance are found to cause asthma and other respiratory ailments. Bladder cancer lawsuit can sue their employers to obtain compensation.
In one instance the jury ruled that a locomotive engineer aged 61 was suffering from diesel asthma due to his work in the railroad. cancer lawsuits forced him to take medical leave, resulting in the loss of wages. He also had two back surgeries, including the lumbar spine fusion with multilevels. All of this added up to substantial medical costs.
He admitted that while working at various railways, he was constantly exposed to exhaust fumes from diesel engines, strong smells, silica dust particles, chemicals and spray paints and black smoke as well as welding grease, motor grease and engine oil. The chest tightened up and his throat hurt. He also had trouble swallowing. He also suffered from allergies and chronic bronchitis.
The railroads successfully argued that releases the plaintiff signed in 1996 should block the new suit as he was aware of the danger at the time he was exposed asbestos. Hughes Law Offices argued that the statute should be extended until the plaintiff is diagnosed with cancer in order to give him time to seek medical care and determine if his illness is connected to his job.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or any other type of cancers that could be related to working in the railroad industry, you may have the right to bring a lawsuit under FELA against the company who employed you. FELA lawsuits may award compensation for medical costs and lost wages, as well as pain and suffering, and other damages. Contact union pacific railroad lawsuit to discuss your case.
A jury awarded a former Conrail engineer $2.6 million in his occupational illness trial after finding that the retired engineer's asthma-related problems were caused by his nearly constant exposure to diesel exhaust fumes as he working on rail yards to work with locomotives. The plaintiffs' lawyers argued that railroads did not prevent exposure to diesel exhaust fumes by not putting in adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes railroad workers breathe, they frequently come into contact toxic chemicals and other harmful substances during their job. Asbestos and benzene as well as other carcinogens are frequently found in railroad maintenance and construction materials. These harmful materials can lead to many kinds of cancers, as well as serious health conditions including asthma.
A Houston FELA attorney can help you to hold an employer accountable for their negligence when you suffer from asthma due to your railroad work, or if someone close to you has been diagnosed with cancer that is linked to the rail industry. Contacting an experienced attorney immediately can help you maximize your chances of obtaining the financial compensation you're entitled to for the losses and suffering.