The Next Big New Railroad Settlement Kidney Cancer Industry

FELA and Railroad Settlement for Asthma

Inhaling diesel fumes on working can lead to lung diseases, including asthma. A FELA lawyer with experience can assist you in filing an occupational disease claim against your railroad company.

Two former railroad workers claim they lost their jobs after suffering from debilitating breathing disorders. Their lawsuits claim that they were experiences as locomotive engineers exposed them to toxins like diesel and gasoline exhausts, silica particles chemical compounds and paint sprays.

FELA





Although most injured workers can seek compensation under the standard state workers' compensation statutes railroad workers 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 companies are responsible for occupational illnesses such as mesothelioma and lung cancer. Contrary to claims for workers' compensation, FELA suits are fault-based. This means that the railroad worker needs to prove that the employer was negligent in a way. This heavy burden of proof is what makes FELA lawsuits contentious. Railroad companies therefore attempt to reduce their liability whenever possible.

FELA covers all railway employees employed by common carriers who are engaged in interstate commerce, including conductors, locomotive engineers, yardmasters, signal maintainers trackmen/maintenance bridge and building workers, welders and electricians. There are exceptions for localized independent railroads that do not utilize their tracks to transport goods over long distances.

A skilled FELA lawyer is essential to help a railroad employee to file a successful lawsuit and hold the company accountable for their injuries. Benzene Lawyers has extensive experience in this area of law and is well-versed with the complicated issues that arise. For a free consultation, call us at 1-800-BENZENE now.

Occupational Diseases

A person could be diagnosed with a disease because of exposure to toxic substances at work. These illnesses are also referred to as toxic lung disorders or occupational illnesses. They are typically difficult to detect since the symptoms of a variety of lung diseases do not show up until a long time after an individual has begun working at their job. This is due to the long latency periods associated with many contaminants.

To be considered to be an occupational disease, a disease must manifest during the course of work and the link between exposures at work and the condition must be established by medical research. It is important to seek legal counsel immediately if you suspect that you've contracted a disease or illness because of your railroad job.

Some workplace-related diseases include benzene lung cancer, fibrosis chronic obstructive pulmonary disease (COPD), hypersensitivity pneumonitis, as well as chronic obstructive airway disease. These illnesses result from inhalation of dusts, gases, vapors and fumes as well as cigarette smoke. The symptoms of these diseases can vary depending on the toxin type and particle size that has been inhaled.

Workers can also suffer from musculoskeletal injuries due to the physical nature of their work. These kinds of injuries are referred to as repetitive stress injuries. They may cause weakness and pain in various parts of the body. For instance, railroad workers frequently suffer from lateral epicondylitis (tennis elbow), an injury that results in the tearing of tendons in the upper arm.

Diesel Exhaust

Most locomotives run on diesel fuel, which means that railroad workers are exposed to diesel exhaust on a daily basis. Pancreatic cancer settlement can contain a variety of pollutants, including particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust can lead a variety medical issues that include asthma.

The toxins present in diesel exhaust are more harmful to people who smoke, which is why smokers are more at risk of lung diseases such as COPD. Lymphoma lawsuit settlement caused by diesel is also a risk factor for the growth of cancer, specifically leukemia and non Hodgkin lymphoma.

For a long time, locomotives would run constantly at train yards, dispersing lots of diesel exhaust into communities around the railroad. Diesel exhaust poses a particular risk for the majority working-class and minority neighborhoods located near these rail yards.

asbestos lung cancer settlement found in diesel fuel and exhaust is linked to leukemia. Railroads should limit their use of these chemicals and ensure that their employees are properly trained on safety procedures. For example a congressman from the area has recently urged commuter rail railroad Metrolink to conduct a risk assessment of the diesel exhaust that is released into predominantly working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA.

Asthma

If long-term exposure to diesel exhaust causes asthma-related pulmonary conditions, such as former and current railroad workers could have grounds to bring a claim against their employer. A successful FELA claim could lead to compensation for the emotional, financial and physical impacts of a work related pulmonary condition.

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

It is the responsibility of railroad companies to ensure that their workers are healthy and safe. This means ensuring that locomotive cabs are well ventilated, and fitted with appropriate safety gear, and minimizing worker's exposure to harmful fumes. Failure to do this can lead to occupational illnesses like asthma, pulmonary ailments and respiratory illnesses.

If you have a mild, moderate or severe case of asthma that was caused by your employment on the railroad, discuss your situation with a seasoned New York railroad settlement asthma lawyer. The lawyer can assess the situation and determine if a FELA suit against your employer would be your best option. A successful FELA claim could result in financial recovery for the negative effects of your condition on your work and life.