Railroad Lawsuits and Asthma
Railroad workers are often exposed to fumes and toxic chemicals like creosote, silica asbestos, and creosote. These exposures can lead to respiratory diseases like asthma.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can be of assistance. Here are a few examples of settlements and verdicts.
Diesel Exhaust
Since trains operate on diesel fuels railroad employees are exposed all day to diesel fumes. These fumes are composed of tiny soot particles gases and other toxic chemicals that could cause serious health issues. The exposure to these fumes can contribute to asthma and other lung illnesses.
Railroads have known about the dangers of exposure to diesel exhaust for years. Many companies haven't implemented adequate safeguards to protect their employees. This is why some railroad workers have been diagnosed with respiratory diseases that are debilitating.
The exposure to diesel fumes, when combined with other workplace hazards, such as asbestos, creosote or silica can result in life-altering lung diseases, such as asthma. These conditions can prevent railroad workers from returning to their jobs and could impact the quality of their lives.
In one instance, our lawyers successfully in defending the defense of a FELA lawsuit asserted by a locomotive engineer who claimed he contracted leukemia and other cancers because of exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court granted summary judgment in favor of the defendant railroads, ruling that Plaintiff did not conduct a reasonably diligent research into the details of his illness at the time of diagnosis, and that his claims were time-barred.
Dust
Rail workers are exposed to different dusts, like silica from ballast and coal dust. They could also be exposed to petroleum or chemical fuels. class action lawsuit against union pacific railroad can be harmful to an individual's health and contribute to respiratory ailments, such as asthma.
Our FELA attorney has assisted many people seek compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain illnesses to demand accountability from their employers for not protecting workers from hazardous work environments.
For instance an Montana jury gave $3.7 million to a former locomotive engineer who was suffering from lung fibrosis, a chronic lung disease caused by scarring of the lung tissue. His FELA claim alleged that the inhalation of diesel exhaust on a number of or even thousands of occasions led to the development of his lung disease. Jurors were not persuaded by the defense experts' testimony that the engineer's lung illness could have an unrelated cause.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Each time a train passes the Gorge it pollutes habitats that are sensitive for plants and wildlife, such as wetlands, tributary rivers and the Columbia River. BNSF has accepted to stop transporting coal through the Gorge and in other locations.
Asbestos
Rail workers have been exposed to hazardous chemical substances for a long time. Other toxic substances remain in the workplace even though asbestos has been removed. Chemical solvents have been proven to cause respiratory illnesses and asthma. This is the reason railroad workers could file lawsuits to recover damages from the companies that employed them.
In one instance one case, a 61-year-old engineer in the field of locomotives was awarded $2.6 million after a jury verdict found that his job at the railroad made him suffer from diesel asthma. The illness led him to be on medical leave and to lose his wages. He also underwent two back surgeries including an lumbar spine fusion that was multi-level. All of this added up to substantial medical expenses.
He said his body was constantly exposed to diesel exhaust fumes and strong odors. He also stated that he was exposed to silica particles, chemical compounds, spray paints, and black smoke. His chest tightened up, his throat ached, and he was having difficulty swallowing. He was suffering from allergies and bronchitis, as well.
The railroads successfully argued the releases signed by the plaintiff in 1996 should bar his new suit because he was aware of the risk at the time he was exposed to asbestos. Hughes Law Offices argued that the statute should be tolled until the plaintiff is diagnosed with cancer in order to allow him time to seek medical evaluation and determine whether the condition is related to his job.
Poor Ventilation
If you or someone close to you has been diagnosed with mesothelioma or lung disease or any other type of cancer that could be linked to your work in the railway industry, you might be able to bring a FELA lawsuit against the company that employed you. FELA lawsuits may award compensation for medical expenses loss of wages, pain and suffering, and other damages. Contact a Houston FELA attorney today to discuss your case.
A jury gave $2.6 million to an ex- Conrail engineer in the case of occupational diseases after determining the root of his asthma-related debilitating condition. The jury found that his exposure to diesel exhaust fumes was all the time while working on locomotives in rail yards. The lawyers for the plaintiffs argued that railroads failed in their duty to avoid exposure by not providing adequate ventilation in locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they also frequently come into contact with toxic chemicals and other harmful substances during their job. Asbestos, benzene, as well as other carcinogens are commonly 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 like asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence when you suffer from asthma as a result of your railway work, or someone you love has been diagnosed with a cancer that may be related to rail industry. If you contact an experienced lawyer as soon as you can to maximize your chances of obtaining the financial compensation that you are entitled to for your pain and losses.