FELA and Railroad Settlement for Asthma
Asthma and other pulmonary diseases can be caused by diesel fumes at the workplace. An experienced FELA lawyer can help you file an occupational disease claim against your railroad company.
Two former railroad employees say they lost their jobs due to debilitating breathing ailments. The lawsuits claim that the years spent as locomotive engineers exposed them to toxins such as diesel and gasoline exhaust silica dust particles, chemical compounds and paint sprays.
FELA
Railroad employees must, however, file an action under the Federal Employers Liability Act. FELA has guidelines for recovery that are similar to the ones for workers' compensation.
railroad back injury settlements have to be held accountable if they expose their employees to harmful workplace exposures and later cause occupational illnesses such as mesothelioma, fibrosis lung cancer, scleroderma, or other respiratory ailments. In contrast to workers' compensation cases, FELA lawsuits are fault-based which means that the railroad worker has to prove employer negligence played at least some part in the injury as well as the damages that resulted. This heavy burden of evidence makes FELA lawsuits a contentious matter. Railroad companies thus strive to minimize their liability whenever they can.
FELA covers all railway employees who are employed by common carriers engaged in interstate commerce, including conductors, locomotive engineers, yardmasters, signal maintainers trackmen/maintenance bridge and building workers, welding technicians and electricians. There are exceptions for localized independent railroads that do not utilize their tracks to transport goods over long distances.
A competent FELA lawyer is required to help railroad employees to file a successful lawsuit and hold the company accountable for their injuries. Benzene Lawyers has extensive experience in this area of law and is well-versed with the complexities that arise. For a no-cost consultation contact us at 1-800-BENZENE.
Work-related Diseases
A person may develop a disease because of exposure to toxic substances at work. These are referred to as occupational diseases or toxic lung conditions. These conditions can be difficult to diagnose, as the symptoms of lung issues usually do not appear until some time after the person starts working. This is due to the long period of latency that is associated with many toxins.
To qualify as an occupational illness, the disease must develop during the course of employment and the link between exposures at work and the disease must be established through medical research. It is essential to seek legal counsel when you suspect you've contracted a disease or illness due to your work on railroads.
Some workplace-related illnesses are benzene lung cancer, fibrosis chronic obstructive pulmonary disease (COPD), hypersensitivity pneumonitis, as well as chronic obstructive airway disease. Multiple myeloma settlements of gases and vapors fumes and dusts aswell smoke from cigarettes can trigger these ailments. The symptoms of these diseases will vary based on the type of toxin and the size of the particles inhaled.
Workers may also suffer from musculoskeletal injury because of the physical nature of their work. These injuries are referred to as repetitive stress injuries, and can cause weakness or pain in various parts. Rail workers, for instance are frequently affected by tennis elbow or lateral epicondylitis. The injury causes tearing of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is used by most locomotives, and so railroad workers are constantly exposed to diesel fumes. Diesel exhaust is full of pollutants, including particulate matter and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust can cause a myriad of medical issues, including asthma.
Smokers are more susceptible to lung diseases such as COPD because of the toxins present in diesel exhaust. Colon cancer lawsuit settlements on diesel exhaust has also proven that the pollution is an increased risk factor for developing cancer, especially leukemia and non-Hodgkin lymphoma.
Over the decades, locomotives have been running all the time in train yards, release a lot of diesel exhaust into the communities that surround railroads. Diesel exhaust is particularly dangerous for the majority of working-class or communities of minorities that are located near these railway yards.
The benzene found in diesel exhaust and fuel is linked to leukemia. Railroads must limit the use of these chemicals and ensure that their employees are properly educated on safety procedures. A congressman from the area recently asked Metrolink the commuter rail railroad in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust that is released into the predominantly working-class areas near its maintenance yard.
Asthma
If exposure to diesel exhaust results in asthma-related pulmonary conditions, such as or bronchitis, former and current railroad workers could have grounds to bring a claim against their employer. A successful FELA claim could result in a recovery for the financial, physical and emotional effects of a pulmonary disease that is caused by work.
Asthma can trigger a range of symptoms, including coughing, wheezing or tightness in the chest, and shortness of breath. It can also make everyday activities difficult. If the asthma is severe people may be hospitalized due to respiratory failure.
Railroad companies are obliged to ensure their employees are safe and healthy. This includes providing adequate ventilation in the cabs of locomotives and ensuring that they use proper safety equipment and limiting exposure of workers to harmful fumes. Inability to do this could cause occupational health issues such as asthma, pulmonary issues and respiratory illnesses.
If you suffer from a mild, moderate or severe case of asthma that is the result of your experience working on the railroad, you should discuss your situation with a seasoned New York railroad settlement asthma lawyer. The lawyer can assess the situation and determine if a FELA lawsuit against your employer is beneficial for you. A successful FELA lawsuit could award financial compensation for the negative impact your situation has had on your professional and personal life.
