FELA and Railroad Settlement for Asthma
Asthma, along with other lung diseases, can be caused by diesel fumes that are emitted from the workplace. A seasoned FELA lawyer can help you in filing a claim for occupational disease against your railroad employer.
railroad injury settlement amounts claim to have lost their livelihoods due to respiratory illnesses that cause severe pain. Their lawsuits claim that the time they spent working as locomotive engineers exposed them to toxins like gasoline and diesel exhaust silica dust particles paint sprays, chemical compounds and.
FELA
Railroad employees, however, must file a claim under the Federal Employers Liability Act. FELA offers guidelines for recovering similar to those in the statutes for workers' comp claims.
Railroad corporations have to be held accountable if they expose their employees to toxic workplace exposures which can cause occupational diseases such as mesothelioma, fibrosis lung cancer, scleroderma or other respiratory ailments. In contrast to workers' compensation claims, FELA suits are fault-based. This means that the railroad worker has to prove that the employer was negligent in some way. This burden of evidence makes FELA lawsuits a source of contention. Thus, railroad companies fight to minimize their liability as often as possible.
FELA covers all railway employees employed by common carriers in interstate commerce. This includes conductors, locomotive engineers yardmasters, signal maintainers, yardmasters, trackmen/maintenance of way bridge and building workers, welders and electricians. The exception is made for localized independent railroads which do not use their tracks to transport goods over long distances.
union pacific settlements is essential to assist a railroad employee succeed in bringing a lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and are aware of the complexities that arise. Call 1-800-BENZENE for a free consultation.
Work-related Diseases
A person could develop a disease because of work-related exposure to toxic materials. These conditions are referred to as occupational diseases or toxic lung conditions. These conditions are often difficult to detect due to the fact that the signs of many lung diseases do not show up until a long time after an individual is employed at their job. This is due to the long period of latency that is associated with many toxins.
Medical research must demonstrate that the disease is caused by work-related exposures. It is important to seek legal advice immediately if you suspect that you've developed a disease or illness because of your railroad job.
Examples of workplace-related illnesses include benzene leukemia, fibrosis of lung, chronic obstructive lung disease (COPD) and hypersensitivity pneumonitis. These illnesses are caused by inhalation of vapors, gases, dusts or fumes, as well as cigarettes smoke. The symptoms of these diseases are different depending on the toxin type and the size of the particle inhaled.
Workers can also suffer injuries to their muscles due to the physical nature of their work. These types of injuries are known as repetitive stress injuries and can cause weakness and pain in various parts of the body. For railroad back injury settlements , workers on rails often suffer from lateral ectodondylitis (tennis elbow), an injury that results in the tearing of tendons in the upper arm.
Diesel Exhaust
Diesel fuel is used by nearly all locomotives, meaning that railroad workers are constantly exposed to diesel fumes. Since diesel exhaust contains a variety of pollutants, including particulate matter, volatile organic compounds, and toxic metals, prolonged exposure can cause a range of health issues, including asthma.
The toxins present in diesel exhaust may be more harmful to those who smoke, which is why smokers are at greater risk of lung diseases such as COPD. Studies on diesel exhaust have also proven that the pollution is an important risk factor for the development of cancer, specifically leukemia and non-Hodgkin lymphoma.
Over the years, locomotives have been running constantly in train yards, releasing a large amount of diesel exhaust into the communities surrounding railroads. This diesel exhaust is especially dangerous to the largely minorities and working-class neighborhoods in the areas where the rail yards are situated.
The benzene found in diesel fuel and exhaust has been linked to leukemia in some people, which is why railroads must be mindful to limit the impact of these chemicals on their properties, and also ensure that their employees are trained in the proper safety protocols. A local congressman recently requested Metrolink which is a commuter railroad railroad in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust that is released into the predominantly working-class areas near its maintenance yard.
Asthma
Railroad workers who are currently or former could be able to sue their employer if prolonged exposure causes pulmonary diseases such as asthma. union pacific settlements could result in compensation for the financial, emotional and physical effects of a respiratory disorder.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness as well as shortness of breath. It can also make your daily activities difficult. In more severe cases, asthma can result in a person being hospitalized for respiratory failure.
It is the responsibility of railroad companies to ensure that their employees are safe and healthy. This includes ensuring adequate ventilation in locomotive cabs and ensuring that they use appropriate safety gear and limiting exposure of workers to harmful fumes. Failure to do so can cause occupational diseases like asthma and pulmonary issues, and even other respiratory illnesses.
If you suffer from moderate, mild or severe asthma which you believe is caused by your work on the railroad You should seek the advice of an experienced New York railroad settlement attorney. The lawyer you choose to consult will assess your situation and assist you to determine whether it is a FELA lawsuit against your employer is in your best interests. A successful FELA claim could provide financial compensation for the negative effects of your condition on your career and life.