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FELA and Railroad Settlement for Asthma

Inhaling diesel fumes while on the job can trigger pulmonary diseases, like asthma. A FELA lawyer with experience can assist you in filing an occupational disease claim against your railroad company.

Two former railroad workers claim to have lost their livelihoods because of debilitating respiratory conditions. Their lawsuits claim that they were years as locomotive engineers exposed to toxins like diesel and gasoline exhausts, silica particles, chemical compounds, and paint sprays.

FELA

While most injured workers are able to submit a claim for compensation through standard state workers laws railroad employees have to seek relief through the Federal Employers Liability Act (FELA). FELA offers guidelines for recovering similar to the guidelines in the case of workers' compensation claims.

Railroad corporations are responsible for occupational illnesses like mesothelioma and lung cancer. Contrary to claims for workers' compensation, FELA suits are fault-based. This means that the railroad worker must to prove that the employer was negligent in some way. This burden of proof makes FELA lawsuits a source of contention. Railroad companies, therefore, strive to minimize their liability whenever they can.

railroad back injury settlements covers all railway workers employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance-of way, bridge and building employees electricians, welders, as well as welders. Localized independent railroads that do not transport goods over long distances are exempt from FELA.

A knowledgeable FELA attorney is critical for helping a railroad worker pursue a successful lawsuit against the company that caused their injuries. Benzene Lawyers has extensive experience in this area of law and is familiar with the complex issues that arise. For a free consultation, call us at 1-800-BENZENE now.

Work-related Diseases

A person can be diagnosed with a disease because of exposure to toxic substances while at work. These diseases are also known as toxic lung disorders or occupational diseases. These conditions can be difficult to detect, since the symptoms of lung disorders often do not show up until an extended period of time after the person starts working. This is due the long time of latency associated with many toxic substances.

Medical research must prove that the disease is caused by work-related exposures. It is crucial to seek legal counsel whenever you suspect that you've contracted a disease or illness due to your work on railroads.

Certain workplace-related illnesses include benzene lung cancer, fibrosis chronic obstructive respiratory disease (COPD) as well as hypersensitivity pneumonitis, and chronic obstructive lung disease. These diseases are caused by inhalation of dusts, gases, vapors or fumes, as well as cigarettes smoke. The symptoms of these illnesses can vary depending on the type of toxin as well as the size of the particle inhaled.

Workers may also experience muscles-related injuries due to the physical nature of their jobs. These injuries are known as repetitive stress injuries and they can cause weakness or pain throughout the body. Rail workers, for example are frequently affected by tennis elbow or lateral epicondylitis. The injury causes rupture of the tendons of the upper arms.





Diesel Exhaust

Nearly all locomotives use diesel fuel which means that most railroad workers are exposed to diesel exhaust on a daily basis. Diesel exhaust is a source of many pollutants, including particulate material as well as volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust can lead a variety medical issues that include asthma.

The toxins in diesel exhaust can be even more harmful to those who smoke, which is why smokers are more at risk of lung-related diseases such as COPD. The exhaust pollution caused by diesel is also a risk factor in the development of cancer, especially leukemia and non Hodgkin lymphoma.

For a long time, locomotives would run constantly at train yards, dumping an enormous amount of diesel exhaust into the communities that are near the railroad. Diesel exhaust is particularly dangerous to the largely minority and working class neighborhoods in the area where the rail yards are situated.

The benzene content of diesel fuel and exhaust has been associated with leukemia in certain individuals, which is why railroads must be mindful to limit the effects of these chemicals on their properties and ensure their employees are properly trained on safe practices. A local congressman recently requested Metrolink which is a commuter rail railway located in Los Angeles, CA, to conduct a risk assessment of the diesel exhaust released into the predominantly working-class neighborhoods around its maintenance yard.

Asthma

When exposure to long-term diesel exhaust causes asthma or other respiratory disorders or bronchitis, former and current railroad employees may be able to file an action against their employer. A successful FELA claim may allow for compensation for the physical, financial and emotional effects of a work-related pulmonary disorder.

Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can also make everyday activities difficult. In more extreme cases, asthma can cause a person to be admitted to hospital due to respiratory failure.

It is the duty of railroad companies to ensure that their workers are safe and healthy. This means ensuring that locomotive cabs are well ventilated, utilizing appropriate safety equipment, and minimizing exposure to harmful fumes. If this is not done, it could cause occupational health issues like asthma, pulmonary problems and other respiratory diseases.

If you suffer from moderate, mild or severe asthma which you believe was caused by your railroad work then you should consult an experienced New York railroad settlement attorney. Your lawyer can assess the situation and determine if filing a FELA suit against your employer would be the best option for you. A successful FELA claim can result in financial compensation to compensate for the negative impact of your condition on your life and career.