Need Inspiration? Check Out Railroad Settlement Kidney Cancer
FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can lead to pulmonary diseases, like asthma. A FELA lawyer with years of experience can assist you with filing a claim for occupational disease against your railroad employer.
Two former railroad employees claim that they lost their jobs due to chronic respiratory ailments. Their lawsuits claim that they were experiences as locomotive engineers exposed them to toxins like gasoline and diesel exhausts, silica particles, chemical compounds, and paint sprays.
FELA
Railroad employees, however, must file claims under the Federal Employers Liability Act. FELA offers guidelines for recovering similar to those in the law for workers' compensation claims.
Railroad companies are accountable for occupational illnesses such as mesothelioma and lung cancer. As opposed to workers' compensation claims, FELA lawsuits are fault-based, meaning the railroad worker must prove the negligence of their employer played some part in causing the injury as well as the damages that resulted. FELA lawsuits can be a source of contention due to the high burden of proof. Consequently, railroad companies attempt to minimize their liability as much as they can.
FELA covers all railway workers employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance-of way, bridge and building employees, welders, and electricians. The exception is made for localized independent railroads that do not utilize their tracks to transport goods over long distances.
injury settlements is required to help a railroad employee pursue a successful lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and comprehend the complexities involved. For a no-cost consultation, contact us at 1-800-BENZENE today.
Occupational Diseases
An individual can get sick due to exposure to toxic substances at work. These illnesses are known as occupational diseases or toxic lung conditions. Occupational diseases can be difficult to diagnose, as the symptoms of lung issues typically do not manifest until a long time after a person begins working. This is due to the long latency period associated with many toxins.
To qualify as an occupational illness, the disease must manifest during the course of work and the link between work-related exposures and the illness must be proven by medical research. It is important to seek legal advice whenever you suspect you've been diagnosed with a condition or disease because of your railroad work.
The most common workplace-related diseases are benzene leukemia, fibrosis of the lung, chronic obstructive lung disease (COPD), and hypersensitivity pneumonitis. These diseases are caused by the inhalation of vapors, gases, dusts or fumes, as well as cigarettes smoke. The symptoms of these diseases may vary based on the type of toxin as well as the size of the particles inhaled.
Workers can also suffer from musculoskeletal injuries due to the physical nature of their jobs. These injuries are known as repetitive stress injuries and they can cause pain or weakness throughout the body. For instance, workers on rails often suffer from lateral epicondylitis (tennis elbow) which causes the tearing of tendons in the upper arm.
Diesel Exhaust
Diesel fuel is utilized by nearly all locomotives, meaning that railroad workers are constantly exposed to diesel fumes. Because diesel exhaust is full of pollutants like particulate matter, volatile organic compounds, and toxic metals, long-term exposure can cause a wide range of medical issues including asthma.
The toxins present in diesel exhaust are more harmful to those who smoke, which is why smokers are at greater risk of lung diseases such as COPD. Research on diesel exhaust has also found that the pollutant is an important risk factor for the development of cancer, especially leukemia and non-Hodgkin's lymphoma.
For a long time, locomotives would keep running at a constant pace in train yards, dumping lots of diesel exhaust into communities around the railroad. Diesel exhaust is particularly dangerous for the majority of working-class or communities of minorities that are located near these rail yards.
The benzene in the exhaust and diesel fuel has been associated with leukemia in certain people, which is why railroads should be vigilant to limit the impact of these chemicals on their properties and ensure that their employees are properly trained on the proper safety protocols. A congressman from the local area recently asked Metrolink which is a commuter railroad railroad in Los Angeles, CA, to conduct a risk assessment of the diesel exhaust that is released into the mainly working-class neighborhoods in the vicinity of its maintenance yard.
Asthma
When long-term exposure to diesel exhaust results in asthma or other respiratory disorders railway workers could have grounds to bring a claim against their employer. A successful FELA case could result in compensation for the financial, emotional and physical consequences of a work related respiratory disorder.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can also make life activities difficult. In more severe cases of asthma people may be admitted to a hospital due to respiratory failure.
It is the obligation of railroad companies to ensure that their employees are safe and healthy. This means ensuring that locomotive cabs are properly ventilated, utilizing appropriate safety gear, and minimizing exposure to harmful fumes. Failure to do this can cause occupational diseases like asthma and pulmonary issues, and even other respiratory ailments.
If you suffer from mild, moderate, or severe asthma, that you believe is caused by your railroad work it is recommended that you consult an experienced New York railroad settlement attorney. Your lawyer will evaluate your situation and assist you to determine if you should file a FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could offer financial compensation for the negative impact that your condition has caused to your career and your life.