FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can trigger pulmonary diseases, like asthma. An experienced FELA lawyer can assist you to make a claim for occupational diseases against your railroad company.
Colon cancer lawsuit settlements claim they've lost their job after suffering from debilitating breathing problems. Their lawsuits claim that they were experiences as locomotive engineers exposed them to toxins like gasoline and diesel exhausts, silica particles chemical compounds, and paint sprays.
FELA
Although most injured workers can make a claim for compensation under the standard state workers' compensation statutes railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA offers guidelines for recovering similar to the guidelines in the statutes for workers' comp claims.
Railroad corporations have to be held accountable if they expose their employees to exposures to toxic substances in the workplace and later cause occupational illnesses such as mesothelioma, fibrosis lung cancer, scleroderma and other respiratory ailments. Contrary to claims for workers' compensation, FELA suits are fault-based. This means that the railroad worker has to prove that the employer was negligent in any way. This high burden of proof makes FELA lawsuits a source of contention. In turn, railroads try to limit their liability whenever possible.
FELA covers all railway workers employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance-of way bridge and building workers, welders, and electricians. Some exceptions are made for localized independent railroads which do not use their tracks to transport goods over long distances.
A knowledgeable FELA attorney is essential to help a railroad worker pursue a successful lawsuit against the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and are aware of the intricate issues involved. For a free consultation, contact us at 1-800-BENZENE.
Occupational Diseases
An individual can develop a condition due to exposure to toxic substances at work. These are referred to as occupational diseases or toxic lung disorders. They are typically difficult to detect because the signs of many lung problems do not appear until long after a person has begun their job. This is due to the long latency periods associated with many contaminants.
Medical research must establish that the illness is the result of exposures to work. It is important to seek legal counsel immediately if you suspect that you may have been diagnosed with a condition or disease as a result of your railroad work.
Certain workplace-related illnesses include benzene lung cancer, fibrosis, chronic obstructive lung disease (COPD), hypersensitivity pneumonitis and chronic obstructive airway diseases. These diseases are caused by the inhalation of dusts, gases, vapors or fumes, as well as cigarettes smoke. The symptoms of these diseases differ depending on the type of toxin being used and the size of the particle that is inhaled.
Workers can also experience injuries to their muscles due to the physical nature their work. railroad injury settlement amounts are known as repetitive stress injuries, and they can cause pain or weakness in various parts of the body. Rail workers, for example, are often affected by lateral epicondylitis or tennis elbow. Colon cancer lawsuit settlements tear of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is used in the majority of locomotives, which means that railroad workers are constantly exposed to diesel fumes. Since diesel exhaust contains many pollutants including particulate matter, volatile organic compounds and toxic metals, prolonged exposure can cause a wide range of medical conditions, including asthma.
The toxins that are present in diesel exhaust may be more harmful to those who smoke, which is why smokers are at greater risk of lung diseases like COPD. The pollution that comes from diesel exhaust is also a risk factor in the development of cancer, especially leukemia and non Hodgkin lymphoma.
Over the decades locomotives have run constantly in train yards, release a lot of diesel exhaust into the communities around railroads. Diesel exhaust is especially hazardous for the majority of working class and minorities communities that are close to these railroad yards.
The benzene found in diesel fuel and exhaust has been linked to leukemia in certain people, and that's why railroads should be vigilant to limit the effects of these chemicals on their properties and make sure that their employees are trained in the proper safety protocols. For example a congressman from the area has recently urged the commuter rail railroad Metrolink to conduct an assessment of the risk associated with diesel exhaust that is released into predominantly working-class neighborhoods around its maintenance yard in Los Angeles, CA.
Asthma
When long-term exposure to diesel exhaust results in asthma or other respiratory disorders or bronchitis, former and current railroad workers may have grounds for an action against their employer. A successful FELA claim may allow for compensation for the physical, financial and emotional consequences of a work-related pulmonary disorder.
Asthma can trigger a range of symptoms, such as coughing, wheezing, chest tightness and breath shortness. It can also make everyday activities difficult. In more serious cases, asthma could result in a person being admitted to hospital for respiratory failure.
Railroad companies are obliged to ensure their employees are safe and healthy. This includes ensuring adequate ventilation in locomotive cabs and ensuring the use of proper safety gear and minimizing the exposure of workers to hazardous fumes. Failure to do 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 railroad job it is recommended that you consult an expert New York railroad settlement attorney. Your attorney can evaluate the situation and determine if a FELA suit against your employer would be in your best interest. A successful FELA lawsuit could result in an amount of money to compensate for the negative impact your situation has caused to your career and life.