FELA and Railroad Settlement for AsthmaAsthma and pulmonary diseases can be caused by diesel fumes that are emitted from the workplace. An experienced FELA lawyer can help you make a claim for occupational diseases against your railroad employer.Two former railroad employees claim that they lost their jobs due to debilitating respiratory ailments. Their lawsuits claim that their years as locomotive engineers exposed to toxins such as gasoline and diesel exhausts, silica particles chemical compounds and paint sprays.FELAWhile most injured workers are able to submit a claim for compensation under standard state workers laws, railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to those for workers' compensation.Railroad companies are accountable for occupational illnesses such as mesothelioma and lung cancer. As opposed to rad caused by railroad how to get a settlement , FELA suits are fault-based. This means that the railroad employee has to prove that the employer was negligent in some way. This heavy burden of evidence creates FELA lawsuits a source of contention. Railroad companies therefore attempt to reduce their liability whenever they can.FELA covers all railway workers employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers and signal keepers, trackmen/maintenance bridge and building employees, welders, and electricians. Exceptions are made for localized independent railroads which do not use their tracks to transport goods over long distances.A knowledgeable FELA attorney is crucial to help railroad workers successfully sue the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and know the complexities involved. Contact us at 1-800-BENZENE to schedule a no-cost consultation.Occupational DiseasesA person may get sick due to exposure to toxic substances at work. These diseases are also known as toxic lung disorders or occupational illnesses. The occupational diseases are usually difficult to diagnose due to the fact that the signs of many lung diseases do not show up until long after a person has begun their job. This is due to the long time of latency associated with a variety of toxic substances.Medical research must establish that the disease is caused by work-related exposures. This is why it is crucial to seek legal representation immediately if you suspect you have acquired a health issue or disease due to your job at the railroad.Examples of workplace-related illnesses include benzene leukemia, fibrosis and oedema of the lung, chronic obstructive lung disease (COPD) and hypersensitivity pneumonitis. These illnesses result from inhalation of dusts, gases, vapors or fumes, as well as cigarettes smoke. The symptoms of these diseases can vary according to the type of toxin used and the size of particle that is inhaled.Workers may also develop muscular injuries due to the physical demands of their work. These injuries are known as repetitive stress injuries, and can cause pain or weakness in different parts. Rail workers, for instance, are often affected by tennis elbow or lateral epicondylitis. The injury causes rupture of the tendons of the upper arms.Diesel ExhaustAlmost all locomotives use diesel fuel which means that the majority of railroad employees are exposed to diesel fumes on an everyday basis. Diesel exhaust is full of pollutants, such as particulate material as well as volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust can cause a myriad of medical issues such as asthma.Smokers are more prone to lung diseases like COPD because of the toxins found in diesel exhaust. Research on diesel exhaust has also revealed that the pollution is an increased risk factor for developing cancer, including leukemia as well as non-Hodgkin lymphoma.For decades, locomotives would keep running at a constant pace in train yards, dispersing large quantities of diesel exhaust into communities around the railroad. Diesel exhaust is particularly dangerous to the mostly working-class and minority neighborhoods in which the rail yards are situated.The benzene present in diesel fuel and exhaust is associated with leukemia. Railroads should limit the use of these chemicals and ensure that their employees are properly informed about safety protocols. A congressman from the area recently asked Metrolink the commuter rail railroad located in Los Angeles, CA, to conduct a risk study of the diesel exhaust that is released into the predominantly working-class neighborhoods near its maintenance yard.AsthmaWhen long-term exposure to diesel exhaust results in asthma-related pulmonary conditions, such as railway workers could have grounds to bring a claim 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 cause a variety of symptoms, including coughing, wheezing and chest tightness and shortness of breath. It can also make daily activities difficult. In the case of more severe asthma it is possible to be hospitalized due to respiratory failure.Railroad companies have a responsibility to ensure that their employees are safe and healthy. This means ensuring that locomotive cabs are well ventilated, and fitted with appropriate safety equipment, and minimizing the exposure of workers to harmful fumes. Failure to do this can lead to occupational diseases like asthma and pulmonary issues, and even other respiratory illnesses.If you suffer from a mild, moderate or severe case of asthma that has been caused by your employment on the railroad, discuss your situation with an experienced New York railroad settlement asthma lawyer. Your attorney can evaluate your situation and help you determine whether you should file a FELA lawsuit against your employer is in your best interests. A successful FELA lawsuit could offer an amount of money to compensate for the negative impact your illness has had on your professional and your life.