FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can cause pulmonary diseases, including asthma. A seasoned FELA lawyer can assist you to submit a claim for occupational illness against your railroad employer.
Two former railroad workers claim they have lost their livelihoods due to chronic breathing problems. The lawsuits allege that the years spent as locomotive engineers exposed them like gasoline and diesel exhaust, silica dust particles, paint sprays and chemical compounds.
FELA
Although most injured workers can make a claim for compensation under standard state workers' compensation statutes railroad employees have to seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovery similar to those in the statutes for workers' comp claims.
Railroad companies must be held accountable when they expose their employees to exposures to toxic substances in the workplace and later cause occupational illnesses such as mesothelioma, fibrosis lung cancer, scleroderma or other respiratory ailments. As opposed to workers' compensation claims, FELA lawsuits are fault-based that is, the railroad worker must prove the negligence of the employer was at least some part in causing the injury as well as the damages that resulted. This heavy burden of evidence makes FELA lawsuits a contentious matter. Consequently, union pacific settlements strive to reduce their liability whenever they can.
FELA covers all railway workers employed by common carriers in interstate commerce. This includes locomotive engineers, conductors/yardmasters, signal keepers, trackmen/maintenance-of-way bridge and building workers, welders, and electricians. The exception is made for localized independent railroads that do not utilize their tracks to transport goods over long distances.
Multiple myeloma settlements is required for helping railroad employees succeed in bringing a lawsuit and hold the company accountable for their injuries. Benzene Lawyers has extensive experience in this field of law and is acquainted with the complicated issues that are involved. Call 1-800-BENZENE today for a complimentary consultation.
Work-related Diseases
A person could develop a condition due to occupational exposure to toxic materials. These conditions are also referred to as toxic lung disorders or occupational illnesses. Occupational diseases can be difficult to identify, since the symptoms of lung issues typically do not manifest until a long time after a person begins working. railroad injury settlement amounts is due to the long period of latency that is associated with many toxic substances.
Medical research must establish that the disease is caused by work-related exposures. This is why it is vital to seek legal assistance whenever you suspect you have been diagnosed with a disease or illness due to your work at a railroad.
Certain workplace-related illnesses include benzene lung cancer, fibrosis chronic obstructive respiratory disease (COPD) as well as hypersensitivity pneumonitis and chronic obstructive airway disease. Inhaling gases and vapors fumes and dusts, as well smoking cigarettes can cause these illnesses. Symptoms of these diseases vary depending on the type of toxins and the size of the particle that is inhaled.
Workers may also develop muscular injuries due to the physical demands of their work. These types of injuries are referred to as repetitive stress injuries. They may cause weakness and pain 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
Almost all locomotives use diesel fuel which means that the majority of railroad workers are exposed to diesel exhaust on a daily basis. Diesel exhaust can contain a variety of contaminants, including particulate material as well as volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust could lead a variety medical issues that include asthma.
Smokers are more vulnerable to lung diseases like COPD because of the toxins in diesel exhaust. The toxins in diesel exhaust is also a risk factor in the development of cancer, particularly leukemia and non Hodgkin lymphoma.
For a long time, locomotives would operate continuously at train yards, dumping a great deal of diesel exhaust into the communities that are near the railroad. Diesel exhaust is especially hazardous for the majority of working class and minorities neighborhoods that are near these railway yards.
The benzene content of diesel fuel and exhaust has been associated with leukemia in a few people, which is why railroads need to be careful to limit these chemicals on their properties and ensure their employees are trained in appropriate safety procedures. A congressman from the local area recently asked Metrolink, a commuter rail railway in Los Angeles, CA, to conduct a risk assessment of the diesel exhaust released into the predominantly working-class neighborhoods near its maintenance yard.
Asthma
When exposure to long-term diesel exhaust leads to asthma-related pulmonary conditions, such as or bronchitis, former and current railroad employees may be able to file an action against their employer. A successful FELA case could provide compensation for the emotional, financial and physical consequences of a lung disorder.
Asthma can cause a variety of symptoms, including wheezing, coughing, chest tightness and breath shortness. It can also make everyday activities difficult. In more extreme cases, asthma can cause someone to be admitted to hospital for respiratory failure.
It is the duty of railroad companies to ensure that their workers are healthy and safe. This includes ensuring adequate ventilation in the cabs of locomotives, ensuring the use of proper safety equipment and limiting exposure of workers to harmful fumes. In the absence of this, it could result in occupational illnesses such as asthma and lung problems, including other respiratory ailments.
If you suffer from a mild, moderate or severe asthma attack 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. Your lawyer will evaluate your situation and determine if it is a FELA lawsuit against your employer is in your best interests. A successful FELA lawsuit could offer an amount of money to compensate for the negative impact your situation has affected your career and daily life.