FELA and Railroad Settlement for AsthmaAsthma and pulmonary diseases can be caused by diesel fumes at the workplace. A seasoned FELA lawyer can assist you to file an occupational disease claim against your railroad employer.Two former railroad workers claim to lost their jobs due to debilitating respiratory ailments. CSX Transportation settlement claim that their time as locomotive engineers exposed them to toxic substances like gasoline and diesel exhausts, silica particles, chemical compounds and paint sprays.FELAWhile most injured workers can file a claim for compensation through standard state workers' compensation statutes railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to the ones for workers' compensation.Railroad corporations are responsible for occupational illnesses like mesothelioma and lung cancer. Unlike workers' comp cases, FELA lawsuits are fault-based and railroad workers must prove that employer negligence played at least some part in the injury and resulting damages. This burden of evidence makes FELA lawsuits controversial. Railroad companies attempt to reduce their liability whenever they can.FELA covers all railway employees employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance-of way bridge and building employees, welders, and electricians. Exceptions are made for localized independent railroads who do not use their tracks to transport goods over long distances.A skilled FELA attorney is essential to help a railroad worker succeed in bringing a lawsuit against the company that caused their injuries. Benzene Lawyers has extensive experience in this area of law and is acquainted with the complicated issues involved. For a free consultation, call us at 1-800-BENZENE now.Occupational DiseasesAn individual can develop a disease due to exposure to toxic substances at work. These conditions are referred to as occupational illnesses or toxic lung disorders. Occupational diseases are often difficult to identify since the symptoms of a variety of lung problems do not appear until long after a person has begun working at their job. This is due to the long time of latency associated with many toxic substances.To be deemed an occupational health condition, a disease must manifest during the course of employment, and the link between exposures from work and the condition must be established by medical research. This is why it is crucial to seek legal advice as soon as you can if you suspect you have contracted an illness or disease because of your railroad job.Some workplace-related diseases include benzene lung cancer, fibrosis, chronic obstructive pulmonary disease (COPD) as well as hypersensitivity pneumonitis, as well as chronic obstructive lung disease. These illnesses are caused by the inhalation of dusts, gasses, vapors or fumes, as well as cigarettes smoke. The symptoms of these illnesses will vary based on the type of toxin used and the size of the particle inhaled.Workers may also develop musculoskeletal injuries due to the physical nature of their jobs. These injuries are referred to as repetitive stress injuries, and can cause weakness or pain in various parts. Rail workers, for example are often afflicted with tennis elbow or lateral epicondylitis. This injury can cause tear of the tendons in the upper arms.Diesel ExhaustMost locomotives run on diesel fuel which means that most railroad workers are exposed to diesel fumes on a regular basis. Diesel exhaust is full of pollutants, including particulate matter as well as volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust could cause a variety of medical problems such as asthma.The toxins present in diesel exhaust can be even more harmful to those who smoke, which is the reason smokers are at greater risk of lung diseases, such as COPD. Studies on diesel exhaust have also proven that the pollution is an increased risk factor for developing cancer, especially leukemia and non-Hodgkin lymphoma.Over the time locomotives have been operating all the time in train yards, releasing a large amount of diesel exhaust into communities surrounding railroads. Diesel exhaust is especially dangerous for the majority of working class and communities of minorities that are located near these railway yards.The benzene that is found in diesel fuel and exhaust is linked to leukemia. Railroads must limit the use of these chemicals and ensure that their employees are informed about safety protocols. A local congressman recently asked Metrolink which is a commuter rail railroad in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust released into the predominantly working-class neighborhoods near its maintenance yard.AsthmaIf long-term exposure to diesel exhaust results in asthma-related pulmonary conditions, such as, current and former railroad employees could be eligible for a claim against their employer. A successful FELA case could allow for compensation for the financial, emotional and physical impacts of a pulmonary condition.Asthma can cause a variety of symptoms, such as coughing, wheezing, tightness in the chest, and breathlessness. It can also make everyday activities difficult. In more severe cases, asthma can cause a person to be admitted to a hospital for respiratory failure.Railroad companies are required to keep their employees safe and healthy. This includes ensuring that the locomotive cabs are well ventilated, and fitted with appropriate safety gear, and minimizing worker's exposure to harmful fumes. Inability to do this could result in occupational illnesses like asthma, pulmonary problems and other respiratory illnesses.If you suffer from mild, moderate, or severe asthma, that you believe was caused by your railroad work it is recommended that you consult an experienced New York railroad settlement attorney. Your attorney can evaluate your situation and determine whether you should file a FELA lawsuit against your employer is in your best interests. A successful FELA lawsuit could provide an amount of money to compensate for the negative impact that your condition has caused to your career and life.