Ten Railroad Settlement Kidney Cancer That Will Change Your Life

FELA and Railroad Settlement for Asthma

Inhaling diesel fumes while on the job can lead to pulmonary diseases, like asthma. A FELA lawyer with years of experience will assist you in filing a claim for occupational disease against your railroad company.

Two former railroad workers claim to lost their jobs due to respiratory illnesses that cause severe pain. The lawsuits allege that the years spent as locomotive engineers exposed them to toxins like gasoline and diesel exhaust, silica dust particles, chemical compounds and paint sprays.

FELA

Although most injured workers can seek compensation under the standard state workers' compensation statutes railroad employees have to 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 are accountable when they expose their employees to exposures to toxic substances in the workplace and then cause occupational diseases such as mesothelioma, fibrosis lung cancer, scleroderma and other respiratory illnesses. In contrast to workers' compensation cases, FELA lawsuits are fault-based that is, railroad workers must prove that the negligence of the employer was at least some part in causing the injury and damages. This burden of evidence creates FELA lawsuits a contentious matter. Therefore, railroad companies try to limit their liability whenever possible.

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

A competent FELA lawyer is crucial for helping railroad employees successfully pursue a lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and are aware of the complex issues involved. For a free consultation, contact us at 1-800-BENZENE today.

Occupational Diseases

A person could develop a disease because of occupational exposure to toxic materials. These conditions are also known as toxic lung disorders or occupational diseases. The occupational diseases are usually difficult to detect because the symptoms of many lung ailments do not surface until a long time after an individual has started working at their job. This is due to the long intervals of latency that are associated with a lot of toxic substances.

To qualify as an occupational health condition, a disease must manifest during the course of employment. Additionally, the link between exposures at work and the disease must be established by medical research. It is important to seek legal counsel when you suspect that you've acquired a health issue or illness as a result of your railroad work.

Some workplace-related ailments include benzene lung cancer, fibrosis chronic obstructive pulmonary disease (COPD) hypersensitivity pneumonitis and chronic obstructive airway diseases. These diseases are caused by the inhalation of dusts, gases, vapors fumes, and cigarettes smoke. asbestos lung cancer settlement of these diseases will vary based on the type of toxin as well as particle size inhaled.

Workers may also experience muscles-related injuries due to the physical nature of their jobs. These kinds of injuries are known as repetitive stress injuries. They could cause pain and weakness throughout the body. For instance, workers on rails frequently suffer from lateral epicondylitis (tennis elbow), an injury that results in the tear of tendons in the upper arm.

Diesel Exhaust

Diesel fuel is utilized by nearly all locomotives, meaning that railroad workers are regularly exposed to diesel fumes. Because diesel exhaust is full of pollutants like particulate matter, volatile organic compounds, and toxic metals, long-term exposure can cause a range of health issues, including asthma.

Smokers are more prone to lung diseases like COPD because of the toxins found in diesel exhaust. Studies on diesel exhaust have also revealed that the pollution is a risk factor in the development of cancer, including leukemia as well as non-Hodgkin lymphoma.

Over the time locomotives have been operating constantly in train yards, releasing a large amount of diesel exhaust into the communities around railroads. Diesel exhaust poses a particular risk for the majority of working-class or minority neighborhoods located near these railroad yards.

The benzene content of diesel fuel and exhaust has been associated with leukemia in certain people, which is why railroads must be mindful to limit the impact of these chemicals on their properties and ensure their employees are trained in the proper safety protocols. A congressman from the local area recently asked Metrolink the commuter rail railway in Los Angeles, CA, to conduct a risk study of the diesel exhaust that is released into the predominantly working-class areas surrounding its maintenance yard.

Asthma

Railroad workers who are currently or former could be able to claim against their employer if long-term exposure leads to pulmonary disorders such as asthma. A successful FELA claim could lead to compensation for the emotional, financial and physical effects of a work related pulmonary disorder.

Asthma can trigger a range of symptoms, including coughing, wheezing or tightness in the chest, and breathlessness. It can make everyday activities difficult. In more severe cases of asthma it is possible to be admitted to hospital because of respiratory failure.

It is the responsibility of railroad companies to ensure that their employees are safe and healthy. This means ensuring that locomotive cabs are properly ventilated, with the proper safety gear, and minimizing the exposure of workers to harmful fumes. Failure to do this can lead to occupational diseases like asthma and pulmonary problems, including other respiratory ailments.





If you suffer from a mild, moderate or severe case of asthma that was caused by your employment on the railroad, you should discuss your case with a seasoned New York railroad settlement asthma lawyer. Your lawyer can assess your situation and determine if a FELA lawsuit against your employer is in your best interest. A successful FELA claim could provide financial compensation for the negative impact of your condition on your career and life.