railroad lawsuits (http://www.ar-eye.com/forums/users/deereurope38/) and Asthma
Rail workers are frequently exposed to harmful fumes and chemicals like silica and asbestos. These exposures can cause asthma-related respiratory problems.
Fortunately, victims are able to recover compensation under the Federal Employers’ Liability Act (FELA). A good railroad lawsuit asthma lawyer will help. Take a look at these examples of successful verdicts and settlements.
Diesel Exhaust
Since trains are powered by diesel fuel, the majority of railroad workers are exposed to a range of diesel fumes throughout the day. These fumes comprise a mix of tiny particles of soot, gasses, and other harmful chemicals that can cause serious health problems. Exposure to these fumes could lead to the development of asthma and other pulmonary diseases.
For decades, railroads have been aware of the dangers associated with diesel exhaust. However many companies have failed to take the necessary steps to protect their employees. This is why some railroad workers have suffered from respiratory diseases that are debilitating.
Exposure to diesel fumes when coupled with other workplace hazards such as asbestos, creosote or silica can trigger life-altering lung diseases, including asthma. These symptoms could prevent Railroad Cancer Lawsuit Settlements workers from returning back to work, and can even impact their overall health.
In one instance, our lawyers successfully defended the rights of a FELA lawsuit brought by an engineer on the locomotive who claimed he contracted leukemia and other cancers because of exposure to toxic chemicals and diesel fumes when working on railroad equipment. The judge granted summary judgment to the railroads in question, deciding that Plaintiff did not conduct a reasonably diligent search for information regarding his illness at the time of diagnosis, and that his claims were barred by time.
Dust
Railroad workers are frequently exposed to different kinds of dust, including silica from ballast, coal dust, and chemical or petroleum fuels. These toxic substances can be harmful to a person’s health and can cause respiratory illness, such as asthma.
Our FELA attorney has helped many people seek compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain diseases to demand accountability from their employers for failing to protect workers from hazardous workplaces.
A Montana jury, for instance gave $3.7 Million to a former locomotive engineer who suffered from pulmonary fibroidsis. It is a chronic lung condition caused by scarring of the lung tissue. In his FELA claim, it was claimed that breathing diesel fumes hundreds or even thousands of times, contributed to the development and the progression of his lung condition. The testimony of defense experts could not convince jurors that locomotive engineer’s lung disease was due to some other reason.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Each time a train crosses the Gorge it pollutes the habitats for plants and wildlife, the wetlands, tributary rivers and the Columbia River. BNSF has announced that it will stop bringing coal through the Gorge and in other locations.
Asbestos
union pacific railroad lawsuit workers have for a long time been exposed to hazardous chemicals. While asbestos has been removed from the workplace, other harmful substances remain. Chemical solvents, like are found to cause asthma and other respiratory ailments. Railroad workers are able to sue their employers to recover damages.
In one instance the 61-year-old locomotive engineer received $2.6 million after a jury’s verdict determined that his work at the railroad made him suffer from diesel asthma. This illness forced him to take medical leave, resulting in loss of earnings. He also was required to undergo two back surgeries, including an lumbar spinal fusion that was multi-level, all of which added up to a significant amount of medical costs.
He admitted that while working at various railways, he was exposed to diesel exhaust fumes, strong smells, silica dust particles, spray paints and chemical compounds, black smoke as well as welding, motor grease, and engine oil. His chest tightened up, his throat ached and he had difficulty swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads won the argument that plaintiff’s 1996 release should bar his new lawsuit because they knew of the risk of exposure to asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be tolled until the plaintiff was diagnosed with cancer in order to allow him to seek medical attention and Railroad Lawsuits determine if his condition was related to his work.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer or lung diseases, mesothelioma or any other form of cancers that may be related to working in the railroad industry, you might have the right to file a lawsuit under FELA against the corporation which employed you. FELA lawsuits against union pacific railroad can award compensation for medical expenses, lost wages, and pain and suffering. Contact an Houston FELA lawyer today to discuss your case.
A jury awarded an ex- Conrail engineer $2.6 million in the case of occupational illness after finding that the retired engineer’s asthma-related problems were caused by his constant exposure to diesel exhaust fumes while working on rail yards to work with locomotives. The plaintiff’s lawyers claimed that the railroad did not prevent this kind of exposure through the lack of proper ventilation in the cabs of locomotives.
In addition to the diesel fumes railroad workers breathe, they also frequently come in contact with toxic chemicals and other harmful substances during their work. Asbestos and benzene as well as other carcinogens are frequently found in railroad maintenance and construction materials. Sadly, these toxic substances can lead to a variety of diseases and health conditions, such as pulmonary disorders such as asthma.
If you suffer from asthma that was brought on by your work on the railroad, or If you are the parent of a loved one who has been diagnosed with cancer that could be linked to the rail industry or a railroad, hiring a Houston FELA lawyer can help you ensure that your employer is held accountable for their negligence. By contacting a seasoned attorney as soon as possible to maximize your chances of obtaining the financial compensation you are entitled to for your pain and losses.