FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can cause pulmonary illnesses, such as asthma. A seasoned FELA lawyer can assist you to file an occupational disease claim against your railroad company.
Two former railroad workers claim they've lost their job due to debilitating breathing issues. Their lawsuits allege that years spent as locomotive engineers exposed them to toxins like gasoline and diesel exhaust, silica dust particles, paint sprays and chemical compounds.
FELA
While most injured workers can seek compensation under the standard state workers' compensation statutes railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovering that are similar to those used for workers' compensation.
Railroad corporations have to be held accountable if they expose their employees to harmful workplace exposures and then trigger occupational diseases like mesothelioma and fibrosis, lung cancer, scleroderma or other respiratory ailments. Contrary to claims for workers' compensation, FELA suits are fault-based. This means that the railroad worker has to prove that the employer was negligent in any way. csx settlement of evidence is what makes FELA lawsuits controversial. Railroad companies, therefore, attempt to reduce their liability whenever possible.
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 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 skilled FELA attorney is essential for helping a railroad worker pursue a successful lawsuit against the company responsible for their injuries. Benzene Lawyers has extensive experience in this area of law and is acquainted with the intricate issues involved. For a no-cost consultation contact us at 1-800-BENZENE.
Occupational Diseases
A person can develop a disease because of work-related exposure to toxic materials. These are referred to as occupational diseases or toxic lung conditions. They are typically difficult to diagnose because the signs of many lung problems do not appear until a long time after an individual is employed at their job. This is due the long latency period associated with many toxins.
Medical research must establish that the illness is a result of exposure to work. It is essential to seek legal advice when you suspect that you have contracted a disease or illness due to your work on railroads.
Some workplace-related illnesses include benzene leukemia, fibrosis of lung, chronic obstructive lung disease (COPD) and hypersensitivity pneumonitis. These diseases are caused by inhalation of vapors, gases, dusts fumes, and cigarettes smoke. The symptoms of these diseases can vary depending on the type of toxin as well as the size of the particles inhaled.
Workers can also suffer from muscle and skeletal injuries as a result of the physical demands of their work. These injuries are referred to as repetitive stress injuries, and they can cause pain or weakness in various parts of the body. For example, rail workers often suffer from lateral epicondylitis (tennis elbow), an injury that results in the tearing of tendons in the upper arm.
Diesel Exhaust
Diesel fuel is utilized by almost all locomotives, so railroad workers are exposed daily to diesel fumes. Because diesel exhaust is a source of pollutants like particulate matter, volatile organic compounds, and toxic metals, exposure for a long time can cause a range of medical conditions, including asthma.
Smokers are more susceptible to lung diseases such as COPD due to the toxins found in diesel exhaust. Studies on diesel exhaust have also shown that the pollution is a risk factor for developing cancer, specifically leukemia and non-Hodgkin lymphoma.
For a long time, locomotives operate continuously at train yards, dumping a great deal of diesel exhaust into communities near the railroad. Diesel exhaust is particularly dangerous to the largely minority and working class neighborhoods in the areas where these rail yards are located.
The benzene that is found in diesel exhaust and fuel is associated with leukemia. Railroads should limit the use of these chemicals and ensure that their employees are properly trained in safety procedures. A congressman from the area recently asked Metrolink which is a commuter railroad railroad in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust that is released into the predominantly working-class neighborhoods in the vicinity of its maintenance yard.
Asthma
Former and current railroad workers could be able to claim against their employer if long-term exposure leads to pulmonary disorders like asthma. A successful FELA claim could result in a recovery for the physical, financial and emotional effects of a pulmonary illness that is a result of work.
Asthma can trigger a range of symptoms, including coughing, wheezing, tightness in the chest, and shortness of breath. It can also make everyday activities difficult. In more serious cases, asthma could result in a person being admitted to a hospital for respiratory failure.
It is the responsibility of railroad companies to ensure that their employees are safe and healthy. This includes ensuring that the locomotive cabs are adequately ventilated, using proper safety equipment, and limiting exposure to harmful fumes. Failure to do so can result in occupational illnesses like asthma and pulmonary problems, including other respiratory diseases.
If you have a mild, moderate or severe case of asthma that was caused by your work on the railroad, you should discuss your case with an experienced New York railroad settlement asthma lawyer. Your attorney can evaluate the situation and determine if a FELA lawsuit against your employer is beneficial for you. A successful FELA lawsuit could offer an amount of money to compensate for the negative impact your illness has affected your career and your life.