Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful fumes and chemicals like asbestos and silica. These exposures may lead to respiratory disorders like asthma.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). A good railroad lawsuit asthma lawyer will aid. Find out more about some examples of successful verdicts and settlements.
Diesel Exhaust
Because trains are powered by diesel fuels railroad employees are exposed all day to diesel fumes. cancer lawsuits are composed of soot particles and toxic chemicals. Exposure to these fumes can cause asthma and other lung diseases.
Railroads have been aware about the dangers of exposure to diesel exhaust for a long time. Many companies haven't taken adequate measures to protect their workers. This is why some railroad workers have suffered from debilitating respiratory illnesses.
When combined with other workplace hazards, like asbestos, silica and creosote exposure to diesel fumes can result in the development of life-altering pulmonary diseases, including asthma. These conditions often hinder railroad workers from returning to their jobs and can affect the quality of their lives.
In one case our attorneys successfully represented the defense of a FELA lawsuit filed by an engineer on the locomotive who claimed he contracted leukemia and other types of cancer as a result of his exposure to toxic diesel fumes and toxic chemicals when working on railroad equipment. The court granted summary judgment for the defendant railroads. It ruled that Plaintiff had not made an appropriate search for information regarding his illness at the time the disease was discovered, and that the claims he made are time-barred.
Dust
Rail workers are exposed to many dusts, including silica from ballast and coal dust. They can also be exposed to petroleum or chemical fuels. These harmful substances can be harmful to an individual's health and contribute to respiratory diseases, such as asthma.
Our FELA lawyer has helped a number of people seek compensation for their exposure to these substances. FELA allows those suffering from certain diseases to hold their employers accountable for not protecting them from unsafe workplaces.
A Montana jury, for example has awarded $3.7 Million to a former engineer of the railroad who was suffering from pulmonary fibroidsis, a progressive lung condition caused by scarring in the lung tissue. Bladder cancer lawsuit claimed that breathing diesel exhaust on hundreds or even thousands of occasions led to the development of his lung disease. Jurors were not persuaded by the testimony of defense experts that the engineer's lung condition could have a different cause.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Every time a train travels through the Gorge it pollutes habitats that are sensitive for plants and wildlife, and tributary rivers, and the Columbia River. BNSF has announced that it will stop bringing coal through the Gorge and in other locations.
Asbestos
Railroad workers have been exposed to dangerous chemicals. While asbestos has been mostly eliminated from the workplace, other harmful materials still remain. Chemical solvents, for instance are identified as causing asthma and respiratory diseases. This is the reason railroad employees may file lawsuits to recover damages from the companies that employed them.
In one case the jury determined that a 61-year-old locomotive engineer was suffering from diesel asthma due to his railroad work. The illness forced him take medical leave, resulting in the loss of earnings. He also underwent two back surgeries, including the multilevel lumbar spine fuse. All of this amounted to significant medical costs.
He claimed that the air he breathed was constantly contaminated with diesel exhaust fumes as well as strong odors. He also said he was constantly exposed to silica particles and chemical compounds, as well as spray paints, and black smoke. His chest tightened, his throat hurt and he experienced trouble swallowing. He was suffering from bronchitis and allergies too.
The railroads won the argument that release of the plaintiff in 1996 should be a bar to his new lawsuit because he knew about the risk when exposed to asbestos. Hughes Law Offices also argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer in order to allow him to seek medical attention and determine if his condition was due to his job.
Poor Ventilation
If you or someone close to you has been diagnosed with lung disease, mesothelioma or any other type of cancer that may be related to your employment in the field of railroads, you may be able to start an FELA lawsuit against the company which 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.
cancer lawsuits has awarded a former Conrail engineer $2.6 million in the course of his occupational illness trial after concluding that the retiree's asthma, which is a chronic problem, was caused by his nearly constant exposure to diesel exhaust fumes when working on locomotives at rail yards. The plaintiff's lawyers argued that the railroad did not stop this kind of exposure because they did not install proper ventilation in the cabs of locomotives.
In addition to the diesel fumes that railroad workers breathe, they frequently come in contact with toxic chemicals and other harmful substances in their work. Asbestos, benzene, as well as other carcinogens can be found in construction and maintenance materials. These dangerous materials can cause a variety of types of cancers and serious health problems, such as asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence if you suffer from asthma because of your railway work, or someone you love has been diagnosed with cancer that could be connected to the rail industry. By contacting an experienced lawyer as soon as you can, you can maximize your chances of getting the financial compensation you are entitled to for your pain and losses.