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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 will assist you in filing a claim for occupational disease against your railroad company.





Two former railroad workers claim they've lost their jobs after suffering from debilitating breathing issues. The lawsuits assert that their time as locomotive engineers exposed them to toxic substances like gasoline and diesel exhausts, silica particles chemical compounds and paint sprays.

FELA

While the majority of injured workers can file a claim for compensation under the standard state workers legislation railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovering that are similar to the ones for workers' compensation.

Railroad corporations have to be held accountable if they expose their employees to toxic workplace exposures and then cause occupational diseases such as mesothelioma, fibrosis lung cancer, scleroderma or other respiratory illnesses. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based, meaning the railroad worker has to prove the negligence of the employer was at least some part in the injury and subsequent damages. FELA lawsuits can be a source of contention due to the high burden of proof. Railroad companies, therefore, try to minimize their liabilities whenever possible.

FELA covers all railway employees who are employed by common carriers engaged in interstate commerce, which includes conductors, locomotive engineers yardmasters, signal maintenanceers trackmen/maintenance and maintenance of way bridge and building workers, welders, and electricians. Localized independent railroads that do not transport goods over long distances are not covered by FELA.

A seasoned FELA lawyer is crucial for helping railroad employees succeed in bringing a lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and comprehend the complicated issues that arise. Contact us at 1-800-BENZENE to schedule a no-cost consultation.

Occupational Diseases

An individual can develop a condition due to exposure to toxic substances while at work. These illnesses are also referred to as toxic lung disorders or occupational diseases. Occupational diseases can be difficult to detect, since the symptoms of lung problems generally do not show until an extended period of time after the person starts working. This is due to the lengthy period of latency that is associated with many toxic substances.

To be considered to be an occupational disease, a disease must develop during the course of work and the link between work-related exposures and the illness needs to be proven through medical research. Multiple myeloma settlements is why it is vital to seek legal advice as soon as you can if you suspect you have contracted an illness or disease due to your job at the railroad.

Some workplace-related ailments include benzene lung cancer, fibrosis chronic obstructive lung disease (COPD) hypersensitivity pneumonitis, and chronic obstructive airway diseases. These diseases result from inhalation of dusts, gases, vapors fumes, and cigarettes smoke. The symptoms of these diseases will vary based on the type of toxin and the size of the particle inhaled.

Workers can also suffer musculoskeletal injury due to the physical nature their job. These injuries are known as repetitive stress injuries and they can cause weakness or pain in different parts. For example, rail workers often suffer from lateral ectodondylitis (tennis elbow) which causes the tearing of tendons in the upper arm.

Diesel Exhaust

Diesel fuel is used in nearly all locomotives, meaning that railroad workers are exposed daily to diesel fumes. Diesel exhaust contains many pollutants, including particulate matter and 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 people who smoke, which is why smokers are at greater risk of lung diseases such as COPD. The pollution that comes from diesel exhaust is also a risk factor in the growth of cancer, specifically leukemia and non Hodgkin lymphoma.

Over the years locomotives have run all the time in train yards, releasing a large amount of diesel exhaust into communities around railroads. Diesel exhaust is particularly harmful to the majority of minority and working-class neighborhoods the area where the rail yards are situated.

Multiple myeloma settlements in diesel exhaust and fuel is associated with leukemia. Colon cancer lawsuit settlements should limit their use of these chemicals and ensure that their employees are educated on safety procedures. A congressman from the area recently asked Metrolink, a commuter rail railway in Los Angeles, CA, to conduct a risk study of the diesel exhaust released into the predominantly working-class neighborhoods in the vicinity of its maintenance yard.

Asthma

Former and current railroad workers may be able of sue their employer if prolonged exposure leads to pulmonary disorders like asthma. A successful FELA claim could lead to compensation for the financial, emotional and physical repercussions of a respiratory disorder.

Asthma can trigger a range of symptoms, including coughing, wheezing, chest tightness and breath shortness. It can also make everyday activities difficult. In more severe cases of asthma the patient could be admitted to hospital because of respiratory failure.

Railroad companies are required to ensure that their employees are safe and healthy. This means ensuring that locomotive cabs are well ventilated, using proper safety gear, and limiting the exposure of workers to harmful fumes. Inability to do this could cause occupational diseases such as asthma, pulmonary problems and other respiratory ailments.

If you suffer from a mild, moderate or severe asthma attack that was caused by your time working on the railroad, you should discuss your situation with an experienced New York railroad settlement asthma lawyer. Your lawyer will evaluate your situation and help you determine whether you should file a FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could offer financial compensation for the negative impact your illness has affected your career and daily life.