Railroad Lawsuits and Asthma
Railroad workers are frequently exposed to fumes and toxic chemicals such as creosote, silica, and asbestos. These exposures can cause lung diseases, such as asthma.
Fortunately, victims can recover compensation under the Federal Employers' Liability Act (FELA). A good railroad lawsuit asthma lawyer will aid. 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 to a range of diesel fumes throughout the day. railroad lawsuits are composed of tiny soot particles gasses, and other harmful chemicals that could cause serious health issues. Exposure to these fumes can contribute to asthma and other lung illnesses.
For decades railroads have been conscious of the risks associated with diesel exhaust. However the majority of companies have not taken sufficient steps to safeguard their employees. As a result, some railroad workers have suffered from debilitating respiratory illnesses.
In conjunction with other workplace hazards like asbestos, silica and creosote, exposure to diesel fumes can result in the development of life-changing pulmonary diseases, including asthma. These symptoms could prevent railroad workers from returning back to work, and could even affect their overall health.
In one instance, our lawyers successfully in defending an FELA lawsuit brought by an engineer on the locomotive who claimed that he developed leukemia, as well as other cancers as a result of his exposure to toxic diesel fumes and toxic chemicals when working on railroad equipment. The court granted summary judgement for the defendant railroads. It decided that Plaintiff had not conducted a reasonable search for information regarding his condition at the time the disease was discovered, and that his claims are time-barred.
Dust
Rail workers are exposed to various dusts, like silica from ballasts and coal dust. They may also be exposed to chemical or petroleum fuels. These harmful substances can be harmful to health and can cause respiratory illnesses such as asthma.
Our FELA attorney has helped many people pursue compensation for their exposure to these substances. FELA allows employees suffering from certain illnesses to hold employers accountable for not protecting workers from hazardous workplaces.
For example for instance, a Montana jury handed down $3.7 million to an engineer from the past who suffered from lung fibrosis, a chronic lung disease caused by scarring of the lung tissue. In his FELA claim, the plaintiff claimed that inhaling diesel fumes hundreds or even thousands of times contributed to the onset and the progression of his lung condition. Jurors were not convinced by the defense experts' testimony that the engineer's lung condition could have an unrelated cause.
In the same way, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train runs through the Gorge it pollutes plant and wildlife habitat, wetlands, tributary streams, and the Columbia River with coal dust and other debris. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Railroad workers have for a long time been exposed to dangerous chemicals. Although asbestos has been largely removed from the workplace, other toxic materials still remain. Chemical solvents can cause asthma and respiratory illnesses. Railroad employees may sue their employers to obtain compensation.
In one instance the jury ruled that a 61-year old locomotive engineer suffered from diesel asthma due to his work on railroads. The illness forced him take medical leave, which resulted in the loss of wages. He also underwent two back surgeries, including a multilevel lumbar spine fusion. All of this added up to huge medical costs.
He stated that He was exposed to diesel exhaust fumes and strong odors. He also stated that he was constantly exposed to silica particles chemical compounds, spray paints, and black smoke. His chest tightened and throat hurt. He also had difficulty swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads successfully argued that agreements signed by the plaintiff in 1996 should bar his new suit since he knew of the risk at the time he was exposed to asbestos. Hughes Law Offices argued that the statute should be extended until the plaintiff is diagnosed with cancer in order to allow him time to seek medical evaluation and determine whether the condition is related to his job.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases, or other types of cancer that may be related to working in the railroad industry, then you may be able to file an action under FELA against the company that employed you. FELA lawsuits could award compensation for medical expenses, lost wages and pain and suffering. Contact an Houston FELA lawyer today to discuss your case.
A jury has awarded a former Conrail engineer $2.6 million in the course of his occupational illness trial after finding that the retiree's asthma, which is a chronic problem, was caused by his nearly constant exposure to diesel exhaust fumes during working on rail yards to work with locomotives. The plaintiffs' lawyers argued that railroads did not prevent exposure to diesel exhaust by not installing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals, as well as diesel fumes. Asbestos, benzene, and other carcinogens are often found in railroad maintenance and construction materials. These harmful substances can cause many kinds of cancers, as well as serious health conditions including asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence when you suffer from asthma as a result of your railroad work, or if someone you love has been diagnosed with a cancer that may be related to the railroad industry. By contacting a seasoned attorney as soon as possible you will have the best chances of obtaining the financial compensation that you are entitled to for your pain and losses.