FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can lead to pulmonary diseases, including asthma. An experienced FELA lawyer can assist you to in filing a claim for occupational disease against your railroad employer.
Two former railroad employees claim they’ve lost their jobs because of debilitating breathing issues. The lawsuits allege that the years spent as locomotive engineers exposed them to toxic substances such as diesel and gasoline exhaust, silica dust particles, chemical compounds and paint sprays.
FELA
While the majority of injured workers can submit a claim for compensation under the standard state workers legislation railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovery similar to those in the law for workers’ compensation claims.
Railroad corporations have to be held accountable if they expose their employees to toxic workplace exposures and then trigger occupational diseases such as mesothelioma, fibrosis lung cancer, scleroderma or other respiratory ailments. Unlike workers’ comp cases, FELA lawsuits are fault-based which means that the railroad worker must prove employer negligence played at least some of the injury and resulting damages. This heavy burden of proof is what makes FELA lawsuits a contentious matter. Thus, railroad cancer settlement companies try to limit their liability as much as they can.
FELA covers all railway employees employed by common carriers that are involved in interstate commerce, including conductors, locomotive engineers, yardmasters, signal maintainers, trackmen/maintenance of way bridge and building workers, welders, and electricians. Exceptions are made for localized independent railroads that do not utilize their tracks to transport goods over long distances.
A skilled FELA attorney is vital to help railroad workers pursue a successful lawsuit against the company that rad caused by railroad how to get a settlement their injuries. Benzene Lawyers has extensive experience in this field of law and is well-versed with the intricate issues that are involved. Contact us at 1-800-BENZENE to schedule a no-cost consultation.
Work-related Diseases
A person can develop a disease due to exposure to toxic substances at work. These are referred to as occupational diseases or toxic lung conditions. They can be challenging to identify, since the signs of lung problems typically do not manifest until some time after an individual begins working. This is due to the long intervals of latency that are associated with a lot of toxins.
To be deemed an occupational illness, the disease must manifest during the course of employment and the link between exposures from work and the illness must be proven by medical research. This is the reason it is essential to seek legal counsel whenever you suspect you have contracted an illness or disease as a result of your railroad work.
Some workplace-related diseases include benzene lung cancer, fibrosis, chronic obstructive respiratory disorder (COPD), hypersensitivity pneumonitis, as well as chronic obstructive airway diseases. These illnesses are multiple myeloma caused by railroad how to get a settlement by inhalation of dusts, gasses, vapors fumes, and cigarettes smoke. The symptoms of these illnesses vary according to the type of toxin being used and the size of the particle that is inhaled.
Workers may also experience muscles-related injuries due to the physical nature of their work. These injuries are known as repetitive stress injuries and can cause weakness or pain throughout the body. For instance, workers on rails frequently suffer from lateral epicondylitis (tennis elbow), an injury that results in the tear of tendons in the upper arm.
Diesel Exhaust
Almost all locomotives use diesel fuel which means that most railroad workers are exposed to diesel exhaust on a daily basis. Diesel exhaust contains many pollutants, including particulate material and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust may cause a myriad of medical issues that include asthma.
Smokers are more susceptible to lung diseases such as COPD due to the toxins present in diesel exhaust. The pollution that comes from diesel exhaust is also a risk factor for the growth of cancer, specifically leukemia caused by railroad how to get a settlement and non Hodgkin lymphoma.
For a long time, locomotives would run constantly at train yards, dumping a great deal of diesel exhaust into communities around the railroad. Diesel exhaust is especially hazardous for the majority of working-class or minority neighborhoods located near these railway yards.
The benzene in the exhaust and diesel fuel has been linked to leukemia in some people, which is why railroads must be mindful to limit the effects of these chemicals on their properties and ensure their employees are properly trained on proper safety procedures. For example, a local congressman has recently asked the commuter rail workers settlement railroad Metrolink to conduct an assessment of the risks associated with diesel exhaust that is released into primarily working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.
Asthma
Current and Leukemia Caused By Railroad How To Get A Settlement former railroad injury settlements workers may be able to claim against their employer if long-term exposure leads to pulmonary disorders such as asthma. A successful FELA claim could grant compensation for the physical, financial and emotional effects of a pulmonary illness that is a result of work.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can also make daily activities difficult. In more severe cases, asthma can cause a person to be admitted to hospital for respiratory failure.
It is the obligation of railroad companies to ensure that their workers are safe and healthy. This means that they must ensure that the locomotive cabs are adequately ventilated, and fitted with appropriate safety gear, and limiting worker’s exposure to harmful fumes. In the absence of this, it could result in occupational illnesses like asthma and pulmonary problems, which can include other respiratory diseases.
If you suffer from a mild, moderate or severe asthma condition that is the result of your time working on the railroad, you should discuss your case with a seasoned New York railroad settlement asthma lawyer. Your lawyer will evaluate your situation and assist you to determine if a FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could result in financial compensation for the negative impact your illness has had on your professional and life.