railroad injury settlement amounts and Railroad Settlement for Asthma
Inhaling diesel fumes while on the job can cause pulmonary diseases, including asthma. A FELA lawyer with years of experience will assist you in filing an occupational disease claim against your railroad company.
Two former railroad workers claim to lost their jobs due to debilitating respiratory ailments. Their lawsuits assert that they suffered from years as locomotive engineers exposed to toxins, including diesel and gasoline exhausts, silica particles chemical compounds, and paint sprays.
FELA
Railroad employees, however, must file claims under the Federal Employers Liability Act. FELA provides guidelines for recovering that are similar to the ones for workers' compensation.
Railroad companies must be held accountable when they expose their employees to harmful workplace exposures and then cause occupational diseases like mesothelioma fibrosis, mesothelio lung cancer, scleroderma or other respiratory illnesses. In contrast to workers' compensation cases, FELA lawsuits are fault-based that is, the railroad worker has to prove the negligence of the employer played some part in causing the injury and subsequent damages. This high burden of evidence makes FELA lawsuits a source of contention. Railroad companies thus strive to minimize their liability whenever possible.
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 employees electricians, welders, as well as welders. The exception is made for localized independent railroads who do not use their tracks to transport goods over long distances.
A competent FELA lawyer is necessary for helping railroad employees pursue a successful lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and understand the complexities involved. Call 1-800-BENZENE for a no-cost consultation.
Occupational Diseases
An individual can get sick due to exposure to toxic substances while at work. These conditions are also known as toxic lung disorders or occupational diseases. Occupational diseases are often difficult to recognize because the symptoms of many lung diseases do not show up until a long time after an individual has begun their job. This is due to the long time of latency 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 needs to be proven by medical research. This is the reason it is essential to seek legal counsel as soon as you can if you suspect that you've contracted an illness or disease because of your railroad job.
Examples of workplace-related illnesses include benzene leukemia, fibrosis and oedema of the lung, chronic obstructive lung disease (COPD), and hypersensitivity pneumonitis. These illnesses result from inhalation of dusts, gasses, vapors fumes, and cigarettes smoke. Colon cancer lawsuit settlements of these diseases vary depending on the type of toxin being used and the size of particle that is inhaled.
Workers may also suffer from muscle injuries due to the physical nature of their job. These injuries are known as repetitive stress injuries and can cause weakness or pain in various parts. For example, rail workers frequently suffer from lateral epidondylitis (tennis elbow) which results in the tearing of tendons in the upper arm.
Diesel Exhaust
Most locomotives run on diesel fuel, which means that the majority of railroad employees are exposed to diesel fumes on an everyday basis. Diesel exhaust contains many pollutants, such as particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust could cause a myriad of medical issues that include asthma.
Smokers are more vulnerable to lung diseases like COPD because of the toxins present in diesel exhaust. Research on diesel exhaust has also found that the pollutant is an increased risk factor for developing cancer, including leukemia as well as non-Hodgkin lymphoma.
Over the time locomotives have run continuously in train yards which has released a considerable amount of diesel exhaust into communities surrounding railroads. Diesel exhaust is particularly harmful to the majority of minority and working class neighborhoods in which the rail yards are situated.
The benzene that is found in diesel fuel and exhaust is linked to leukemia. Railroads must limit the use of these chemicals and ensure that their employees are informed about safety protocols. A congressman from the local area recently asked Metrolink the commuter rail railroad located in Los Angeles, CA, to conduct a risk study of the diesel exhaust released into the predominantly working-class neighborhoods around its maintenance yard.
Asthma
Current and former railroad workers may be able of sue their employer if prolonged exposure causes pulmonary conditions like asthma. A successful FELA claim may allow for compensation for the financial, physical and emotional consequences of a pulmonary illness that is a result of work.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness breath. It can also make daily activities difficult. In the case of more severe asthma the patient could be hospitalized due to respiratory failure.
It is the responsibility of railroads to ensure that their workers are healthy and safe. This includes ensuring that locomotive cabs are well ventilated, with the proper safety gear, and minimizing worker's exposure to harmful fumes. In the absence of this, it could cause occupational illnesses such as asthma and lung issues, as well as other respiratory illnesses.
If you have a moderate, severe, or mild case of asthma that is the result of your experience working on the railroad, discuss your case with an experienced New York railroad settlement asthma lawyer. The lawyer you choose to consult will assess your situation and determine whether an FELA lawsuit against your employer is in your best interest. Colon cancer lawsuit settlements could offer an amount of money to compensate for the negative impact your condition has had on your career and personal life.