FELA and Railroad Settlement for Asthma
Asthma, along with other lung diseases, can be caused by diesel fumes that are emitted from the workplace. An experienced FELA lawyer can help you submit a claim for occupational illness against your railroad employer.
Two former railroad employees claim that they have lost their livelihoods due to debilitating respiratory ailments. Their lawsuits claim that the time they spent as locomotive engineers exposed them like gasoline and diesel exhaust silica dust particles chemical compounds and paint sprays.
FELA
Although most injured workers can submit a claim for compensation through standard state workers legislation railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovering that are similar to those used for workers' compensation.
Railroad corporations are accountable when they expose their employees to toxic workplace exposures and then cause occupational diseases like mesothelioma and fibrosis, lung cancer, scleroderma, or other respiratory illnesses. Unlike workers' comp cases, FELA lawsuits are fault-based and the railroad worker must prove employer negligence played at least some role in causing the injury and damages. FELA lawsuits are litigious because of the burden of the burden of proof. Consequently, railroad companies strive to reduce their liability whenever possible.
FELA covers all railway employees employed by common carriers that are involved in interstate commerce, including conductors, locomotive engineers, yardmasters, signal maintainers, trackmen/maintenance of way bridge and construction workers, welders and electricians. Exceptions are made for localized independent railroads who do not utilize their tracks to transport goods over long distances.
A skilled FELA attorney is critical to assist a railroad worker successfully sue the company that caused their injuries. Benzene Lawyers has extensive experience in this area of law and is well-versed with the complexities involved. Call 1-800-BENZENE for a free consultation.
Occupational Diseases
A person may develop a condition due to exposure to toxic substances at work. These diseases are also known as toxic lung disorders or occupational illnesses. They can be challenging to identify, since the symptoms of lung disorders generally do not show until the time an individual starts working. union pacific settlements is due to the long time between the latency period and contaminants.
To qualify as an occupational illness, a disease must manifest during the course of employment. Additionally, the link between exposures from work and the disease must be proven through medical research. This is why it is vital to seek legal assistance immediately if you suspect you have acquired a health issue or disease due to your job at the railroad.
Certain workplace-related illnesses include benzene lung cancer, fibrosis, chronic obstructive lung disease (COPD) and hypersensitivity pneumonitis and chronic obstructive lung disease. These illnesses are caused by the inhalation of dusts, gases, vapors or fumes, as well as cigarettes smoke. The symptoms of these diseases differ depending on the type of toxins and the size of particle that is inhaled.
railroad back injury settlements can also sustain injuries to their musculoskeletal system due to the physical nature of their work. These injuries are referred to as repetitive stress injuries and can cause pain or weakness in different parts. Rail workers, for example are often afflicted with tennis elbow or lateral epicondylitis. The injury causes tear of the tendons in the upper arms.
Multiple myeloma settlements is used in nearly all locomotives, meaning that railroad workers are regularly exposed to diesel fumes. Since diesel exhaust contains a variety of pollutants, including particulate matter, volatile organic compounds, and toxic metals, exposure over a long period can result in a variety of medical conditions, including asthma.
Smokers are more prone to lung diseases like COPD due to the toxins found in diesel exhaust. The pollution from diesel exhaust is also a risk factor in the growth of cancer, specifically leukemia and non Hodgkin lymphoma.
Over the years locomotives have been operating continuously in train yards, emitting a significant amount of diesel exhaust into the communities surrounding railroads. This diesel exhaust is especially dangerous to the mostly minorities and working-class neighborhoods in the areas where the rail yards are situated.
railroad back injury settlements that is found in diesel fuel and exhaust is associated with leukemia. Railroads must limit the use of these chemicals and ensure that their employees are properly trained in safety procedures. A congressman from the area recently asked Metrolink which is a commuter rail railway in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust released into the predominantly working-class neighborhoods near its maintenance yard.
Asthma
Former and current railroad employees could be able to sue their employer in the event that long-term exposure to the railroad causes pulmonary problems such as asthma. A successful FELA claim may allow for compensation for the physical, financial and emotional effects of a work-related pulmonary condition.
Asthma can trigger a range of symptoms, including wheezing, coughing, chest tightness and breathlessness. It can also make everyday activities difficult. In more serious cases, asthma could cause a person to be hospitalized for respiratory failure.
It is the duty of railroad companies to ensure that their employees are healthy and safe. This means that they must ensure that the locomotive cabs are well ventilated, using proper safety gear, and minimizing worker's exposure to harmful fumes. Failure to comply with this can result in occupational illnesses such as asthma, pulmonary ailments and other respiratory illnesses.
If you suffer from moderate, mild, or severe asthma, that you believe was due to your railroad work it is recommended that you consult an experienced New York railroad settlement attorney. Your lawyer will evaluate the situation and determine whether a FELA suit against your employer would be beneficial for you. A successful FELA lawsuit could result in financial compensation for the negative impact your situation has affected your career and life.