FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can cause pulmonary ailments, such as asthma. A FELA lawyer with expertise can assist you with filing an occupational disease claim against your railroad company.
railroad injury settlement amounts claim that they lost their jobs due to chronic respiratory ailments. Multiple myeloma settlements allege that years spent working as locomotive engineers exposed them like gasoline and diesel exhaust silica dust particles chemical compounds and paint sprays.
FELA
Railroad employees are required to file an claim under the Federal Employers Liability Act. FELA provides guidelines for recovery similar to those in the case of workers' compensation claims.
Railroad companies have to be held accountable if they expose their employees to toxic workplace conditions and then trigger occupational diseases like mesothelioma fibrosis, mesothelio lung cancer, scleroderma or other respiratory ailments. As opposed to workers' compensation claims, FELA lawsuits are fault-based which means that railroad workers must prove that employer negligence played at least some of the injury and subsequent damages. This burden of proof is what makes FELA lawsuits a source of contention. In turn, railroads try to limit their liability as often as possible.
FELA covers all railway employees who are employed by common carriers who are engaged in interstate commerce. This includes locomotive engineers, conductors, yardmasters, signal maintainers, trackmen/maintenance of way bridge and building workers, welders and electricians. Localized independent railroads that don't transport goods over long distances are exempt from FELA.
A skilled FELA attorney is crucial to help a railroad worker successfully sue the company that caused their injuries. Benzene Lawyers has extensive experience in this field of law and is acquainted with the complexities that are involved. For a no-cost consultation, call 1-800-BENZENE today.
Work-related Diseases
An individual can be diagnosed with a disease because of exposure to toxic substances while at work. These are referred to as occupational conditions or toxic lung disorders. Occupational diseases can be difficult to recognize, as the symptoms of lung disorders often do not show up until some time after the person starts working. This is due to the lengthy intervals of latency that are associated with a lot of contaminants.
To be deemed an occupational illness, a disease must occur during the course of employment. Additionally, the link between work-related exposures and the disease must be established by medical research. It is essential to seek legal counsel when you suspect that you have acquired a health issue or illness as a result of your railroad work.
Some workplace-related illnesses include benzene leukemia, fibrosis of the lung, chronic obstructive respiratory disease (COPD), and hypersensitivity pneumonitis. These diseases result from inhalation of dusts, vapors, gases or fumes, as well as cigarettes smoke. The symptoms of these illnesses may vary based on the type of toxin used and particle size inhaled.
Workers may also suffer from injuries to their musculoskeletal system because of the physical nature of their job. These injuries are referred to as repetitive stress injuries and they can cause weakness or pain in different parts. Rail workers, for instance are frequently affected by tennis elbow or lateral epicondylitis. This injury leads to the tear of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is used in nearly all locomotives, meaning that railroad workers are constantly exposed to diesel fumes. Diesel exhaust is a source of many contaminants, including particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust may lead a variety medical issues that include asthma.
Smokers are more prone to lung diseases such as COPD because of the toxins found in diesel exhaust. Research on diesel exhaust has also shown that the pollution is a risk factor in the development of cancer, specifically leukemia and non-Hodgkin's lymphoma.
Over the years locomotives have been operating continuously in train yards, emitting a significant amount of diesel exhaust into communities surrounding railroads. This diesel exhaust is particularly dangerous to the largely minorities and working-class neighborhoods in which the rail yards are situated.
The benzene that is found in diesel exhaust and fuel is linked to leukemia. Railroads should limit their use of these chemicals and ensure that their employees are informed about safety protocols. For example, a local congressman has recently urged the commuter rail railroad Metrolink to conduct an assessment of the risk associated with exhaust from its diesel engine that is released into primarily working-class neighborhoods around its maintenance yard in Los Angeles, CA.
Asthma
Former and current railroad workers could be able to claim against their employer if long-term exposure causes pulmonary diseases like asthma. A successful FELA case could provide compensation for the emotional, financial and physical effects of a work related lung disorder.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness as well as shortness of breath. It can also make everyday activities difficult. If the asthma is severe the patient could be admitted to hospital due to respiratory failure.
Railroad companies are required to ensure that their employees are safe and healthy. Multiple myeloma settlements includes providing adequate ventilation in locomotive cabs and ensuring the use of proper safety gear and minimizing exposure of employees to dangerous fumes. Failure to comply with this can cause occupational diseases such as asthma, pulmonary problems and respiratory illnesses.
If you suffer from mild, moderate or severe asthma that you believe is due to your railroad work it is recommended that you consult an experienced New York railroad settlement attorney. The lawyer you choose to consult will assess your situation and assist you to determine if a FELA lawsuit against your employer is in your best interests. A successful FELA claim could lead to an amount of money to compensate for the negative impact of your condition on your professional and personal life.