Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful chemicals and fumes like asbestos and silica. These exposures can cause lung diseases, such as asthma.
Fortunately, victims are able to recover compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can aid. Read on for some examples of verdicts that have been successful and settlements.
Diesel Exhaust
Since trains operate on diesel fuels railroad workers are exposed all day to diesel fumes. These fumes are composed of soot particles and harmful chemicals. The exposure to these fumes can be a contributing factor to the development of asthma and other pulmonary diseases.
Railroads have been aware of dangers of exposure to diesel exhaust for many years. However many companies have not taken adequate steps to protect their employees. This is why some railroad workers have been diagnosed with respiratory illnesses that are a major cause of death.
Exposure to diesel fumes, when coupled with other workplace hazards such as asbestos, creosote or silica can trigger life-altering lung diseases, such as asthma. These ailments can stop railroad workers from returning to their jobs, and could even affect their life quality.
In one instance, our lawyers successfully defended an FELA lawsuit asserted by an engineer working on locomotives who claimed that he developed leukemia and other types of cancer due to exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court granted summary judgment in favor of the railroad defendants, deciding that Plaintiff did not conduct an intelligent 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 a variety of dusts, like silica from ballasts as well as coal dust. They may also be exposed to petroleum or chemical fuels. These harmful substances can be harmful to a person's health and contribute to respiratory ailments, such as asthma.
Our FELA attorney has helped a lot of people pursue compensation for exposure to these substances. FELA allows workers with certain illnesses to hold employers accountable for failing to protect them from dangers in their workplaces.
For instance an Montana jury handed down $3.7 million to a former locomotive engineer who was diagnosed with pulmonary fibrosis, which is a progressive lung disease that is caused by scarring of lung tissue. In his FELA claim, the plaintiff claimed that breathing diesel fumes hundreds if no thousands of times, contributed to the development and development of his lung disease. Jurors were not convinced by the defense experts' testimony that the locomotive engineer's lung illness could have some other cause.
railroad class action lawsuit to that, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Each time a train travels through the Gorge it pollutes the sensitive habitats for wildlife and plants, the wetlands, tributary streams and the Columbia River with coal dust and debris. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other areas.
Asbestos
Railroad workers have long been exposed to hazardous chemicals. Other toxic materials remain in the workplace even though asbestos has been removed. Chemical solvents have been proven to cause asthma and respiratory illnesses. This is the reason railroad workers could file lawsuits to recover damages from the companies who employed them.
In one case the jury found that a 61-year old locomotive engineer was suffering from asthma caused by diesel because of his railroad work. This illness caused him to be on medical leave and lost wages. He also had two back surgeries, including a multilevel lumbar spine fusion. All of this added up to significant medical expenses.
He said that while working for various railways, he was constantly exposed to exhaust fumes from diesel engines strong odors, silica dust particles, spray paints and chemical compounds as well as black smoke as well as welding and engine oil. The chest tightened up and his throat hurt. He also had difficulty swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads successfully argued that releases the plaintiff signed in 1996 should not bar his lawsuit because he was aware of the danger at the time he was exposed asbestos. Hughes Law Offices also argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer in order to give him the opportunity to seek medical treatment and determine if his condition was due to his job.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer or lung diseases, mesothelioma or any other type of cancer that could be linked to working in the railroad industry, then you may 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 pain and suffering. Contact a Houston FELA lawyer today to discuss your case.
A jury has awarded a former Conrail engineer $2.6 million in the case of occupational illness after finding that the retired engineer's asthma-related illness was the result of his constant exposure to diesel exhaust fumes as he working on rail yards to work with locomotives. The lawyers for the plaintiffs argued that railroads failed in their duty to avoid exposure to diesel exhaust by not installing adequate ventilation in locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they also frequently come in contact with toxic chemicals and other harmful substances while doing their work. In construction and maintenance material asbestos, benzene, and other carcinogens may be discovered. Sadly, these harmful substances can lead to a variety of diseases and health conditions, such as pulmonary disorders such as asthma.
A Houston FELA attorney can help you hold an employer accountable for their negligence in the event that you suffer from asthma due to your railroad work, or your loved ones have been diagnosed with a cancer that may be linked to the rail industry. Engaging an experienced attorney as soon as possible can increase your chances of obtaining the financial compensation you're entitled to for the injuries and losses.
