FELA and Railroad Settlement for Asthma
Asthma and other pulmonary diseases can be caused by diesel fumes at the workplace. A FELA lawyer with experience can assist you in filing a claim for occupational disease against your railroad company.
Two former railroad workers claim they've lost their job due to chronic breathing ailments. railroad injury settlement amounts claim that their time as locomotive engineers exposed them to toxins such as gasoline and diesel exhausts, silica particles chemical compounds, and paint sprays.
FELA
Railroad employees have to submit an action under the Federal Employers Liability Act. FELA provides guidelines for recovery similar to those that are in the law for workers' compensation claims.
Railroad corporations are responsible for occupational diseases such as mesothelioma and lung cancer. As opposed to workers' compensation cases, FELA suits are fault-based. This means that the railroad worker needs to prove that the employer was negligent in a way. FELA lawsuits are litigious because of the burden of evidence. Railroad companies, therefore, try to minimize their liabilities whenever possible.
FELA covers all railway employees who are employed by common carriers in interstate commerce. This includes locomotive engineers, conductors yardmasters, signal keepers, trackmen/maintenance of way, bridge and building workers, welding technicians and electricians. Localized independent railroads that do not transport goods long distances are exempt from FELA.
A competent FELA lawyer is crucial for helping railroad employees successfully pursue a lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and understand the complexities involved. Call 1-800-BENZENE for a free consultation.
railroad injury settlement amounts can get sick due to occupational exposure to toxic materials. These conditions are also known as toxic lung disorders or occupational illnesses. Colon cancer lawsuit settlements can be difficult to recognize, as the symptoms of lung problems generally do not show until the time the person starts working. This is due to the long intervals of latency that are associated with a lot of toxic substances.
Medical research must prove that the illness is the result of exposures to work. This is why it is vital to seek legal counsel as soon as possible if you suspect you have developed a disease or illness as a result of your railroad work.
Examples of workplace-related illnesses include benzene leukemia, fibrosis of lung, chronic obstructive disease (COPD) and hypersensitivity pneumonitis. Inhalation of vapors and gases, fumes and dusts aswell smoking cigarettes can cause these ailments. The symptoms of these illnesses vary according to the type of toxin and the size of the particle that is inhaled.
Workers can also suffer from muscles-related injuries due to the physical nature of their work. These kinds of injuries are known as repetitive stress injuries. Colon cancer lawsuit settlements could cause weakness and pain in different parts of the body. For example, rail workers frequently suffer from lateral epicondylitis (tennis elbow) which results in the tearing of tendons that are located in the upper arm.
Diesel Exhaust
Almost all locomotives use diesel fuel, which means that most railroad workers are exposed to diesel fumes on a daily basis. Diesel exhaust can contain a variety of pollutants, such as particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust could cause a variety of medical problems that include asthma.
Smokers are more at risk of lung diseases like COPD due to the toxins in diesel exhaust. The pollution from diesel exhaust is also a risk factor for the growth of cancers, particularly leukemia and non Hodgkin lymphoma.
For decades, locomotives would operate continuously at train yards, dispersing an enormous amount of diesel exhaust into communities near the railroad. Diesel exhaust is especially dangerous to the largely minority and working class neighborhoods in the area where the rail yards are situated.
The benzene in the exhaust and diesel fuel has been linked to leukemia in some individuals, which is why railroads need to be careful to limit the effects of these chemicals on their properties and ensure their employees are properly trained on appropriate safety procedures. A local congressman recently asked Metrolink the commuter rail railroad located in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust that is released into the predominantly working-class neighborhoods around its maintenance yard.
Asthma
If long-term exposure to diesel exhaust causes pulmonary disorders such as asthma, current and former railroad employees could be eligible for an action against their employer. A successful FELA claim could grant compensation for the physical, financial and emotional consequences of a work-related pulmonary disorder.
Asthma can cause a variety of symptoms, including wheezing, coughing, tightness in the chest and shortness of breath. It can also make your daily activities difficult. In the case of more severe asthma the patient could be admitted to hospital because of respiratory failure.
It is the responsibility of railroad companies to ensure that their workers are safe and healthy. This includes providing adequate ventilation in the cabs of locomotives and ensuring the use of appropriate safety equipment and limiting exposure of workers to harmful fumes. Failure to comply with this can cause occupational health issues like asthma, pulmonary problems and other respiratory diseases.
If you suffer from mild, moderate, or severe asthma, which you believe is caused by your work on the railroad then you should consult an experienced New York railroad settlement attorney. Your lawyer will evaluate the situation and determine if filing a FELA lawsuit against your employer would be in your best interest. A successful FELA claim could result in financial compensation for the negative impact of your condition on your professional and personal life.