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FELA and Railroad Settlement for Asthma

Asthma and pulmonary diseases can be caused by diesel fumes at the workplace. A seasoned FELA lawyer can assist you to submit a claim for occupational illness against your railroad company.

Two former railroad workers claim they have lost their livelihoods due to debilitating respiratory ailments. Their lawsuits claim that they were working as locomotive engineers were exposed to toxins, including diesel and gasoline exhausts, silica particles, chemical compounds, and paint sprays.

FELA

Although most injured workers can seek compensation through standard state workers laws railroad employees have to seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovery similar to those in place for workers' compensation claims.

Railroad companies have to be held accountable if they expose their employees to toxic workplace conditions and then cause occupational diseases like mesothelioma and fibrosis, scleroderma, lung cancer or other respiratory illnesses. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based which means that the railroad worker has to prove the negligence of the employer was at least some of the injury as well as the damages that resulted. This heavy burden of proof makes FELA lawsuits a source of contention. Therefore, railroad companies attempt to minimize their liability whenever possible.

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

A knowledgeable FELA attorney is vital to help a railroad worker pursue a successful lawsuit against the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and know the complex issues that arise. Contact us at 1-800-BENZENE to schedule a no-cost consultation.

Work-related Diseases

A person may get sick due to exposure to toxic substances while at work. These illnesses are known as occupational conditions or toxic lung disorders. Occupational diseases are often difficult to diagnose due to the fact that the signs of many lung diseases do not show up 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 be considered to be an occupational illness, the disease must manifest during the course of employment. Additionally, the connection between exposures to work and the disease must be proven through medical research. csx settlement is essential to seek legal advice whenever you suspect that you have contracted a disease or illness because of your railroad work.

Some workplace-related diseases include benzene lung cancer, fibrosis chronic obstructive lung disease (COPD) and hypersensitivity pneumonitis, and chronic obstructive airway diseases. Inhaling gases and vapors fumes and dusts aswell smoking cigarettes can trigger these ailments. The symptoms of these diseases may vary based on the type of toxin and the size of the particle inhaled.

Workers may also experience muscles-related injuries due to the physical nature of their jobs. These injuries are referred to as repetitive stress injuries and can cause pain or weakness in various parts of the body. Rail workers, for instance are often afflicted by tennis elbow or lateral epicondylitis. This injury causes the tearing of the tendons in the upper arms.

Diesel Exhaust

Almost all locomotives use diesel fuel which means that the majority of railroad employees are exposed to diesel fumes on a regular basis. Since diesel exhaust contains many pollutants including particulate matter, volatile organic compounds and toxic metals, prolonged exposure can lead to a variety of health problems, including asthma.

railroad cancer settlement amounts are more prone to lung diseases such as COPD due to the toxins in diesel exhaust. The pollution that comes from diesel exhaust is also a risk factor in the growth of cancers, particularly leukemia and non Hodgkin lymphoma.





For a long time, locomotives would keep running at a constant pace in train yards, dispersing an enormous amount of diesel exhaust into communities near the railroad. Diesel exhaust is especially dangerous for the majority working-class and minorities communities that are close to these rail yards.

The benzene found in diesel exhaust and fuel has been associated with leukemia in a few individuals, which is the reason railroads need to be careful to limit the impact of these chemicals on their properties, and also ensure that their employees are properly trained on safe practices. For instance local congressman has recently urged the commuter rail railroad Metrolink to conduct an assessment of risk for the diesel exhaust that is released into predominantly working-class neighborhoods around its maintenance yard in Los Angeles, CA.

Asthma

If exposure to diesel exhaust causes asthma or other respiratory disorders, current and former railroad employees may be able to file a claim against their employer. railroad cancer settlement amounts could grant compensation for the financial, physical and emotional effects of a work-related pulmonary disorder.

Asthma can trigger a range of symptoms, including wheezing, coughing, tightness in the chest and breathlessness. It can also make life activities difficult. In more severe cases, asthma can cause someone to be hospitalized for respiratory failure.

It is the responsibility of railroad companies to ensure that their employees are safe and healthy. This includes ensuring that the locomotive cabs are well ventilated, with the proper safety equipment, and minimizing exposure to harmful fumes. Inability to do this could lead to occupational illnesses like asthma, pulmonary ailments and other respiratory diseases.

If you suffer from moderate, mild or severe asthma which you believe was caused by your work on the railroad You should seek the advice of an expert New York railroad settlement attorney. Your lawyer will evaluate your situation and assist you to determine if an FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could result in an amount of money to compensate for the negative impact your situation has had on your professional and your life.