FELA and Railroad Settlement for Asthma
Asthma and other pulmonary diseases can be caused by diesel fumes in the workplace. A seasoned FELA lawyer can help you make a claim for occupational diseases against your railroad company.
Two former railroad employees say they have lost their livelihoods due to debilitating breathing disorders. Their lawsuits claim that their experiences as locomotive engineers exposed them to toxins such as gasoline and diesel exhausts, silica particles chemical compounds and paint sprays.
FELA
Railroad employees, however, must file an action under the Federal Employers Liability Act. FELA has guidelines for recovery that are similar to the ones for workers' compensation.
Railroad corporations are responsible for occupational diseases such as mesothelioma and lung cancer. As opposed to workers' compensation claims, FELA lawsuits are fault-based, meaning the railroad worker must prove the negligence of their employer played some part in the injury and resulting damages. This burden of evidence creates FELA lawsuits contentious. Therefore, railroad companies fight to minimize their liability as much as they can.
FELA covers all railway employees who are employed by common carriers engaged in interstate commerce, which includes locomotive engineers, conductors yardmasters, signal maintenanceers trackmen/maintenance of ways, bridge and building workers, welders, and electricians. Localized independent railroads that do not transport goods long distances are exempt from FELA.
A knowledgeable FELA attorney is critical to assist a railroad worker to file a successful lawsuit against the company that caused their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and comprehend the complex issues that arise. Call 1-800-BENZENE for a no-cost consultation.
Work-related Diseases
A person could develop a condition due to occupational exposure to toxic materials. These illnesses are also referred to as toxic lung disorders or occupational diseases. They can be challenging to diagnose, as the symptoms of lung issues generally do not show until the time an individual starts working. This is due to the lengthy latency period associated with many toxic substances.
Medical research has to prove that the illness is the result of exposures to work. railroad injury settlement amounts is imperative to seek legal counsel whenever you suspect that you have contracted a disease or illness because of your railroad work.
Work-related illnesses can include benzene leukemia, fibrosis of the lung, chronic obstructive disease (COPD) and hypersensitivity pneumonitis. Inhalation of vapors and gases, fumes and dusts aswell smoke from cigarettes can trigger these illnesses. railroad back injury settlements of these diseases will vary based on the type of toxin used and the size of the particles inhaled.
Workers may also suffer from injuries to their musculoskeletal system because of the physical nature of their job. These types of injuries are known as repetitive stress injuries and can cause pain and weakness across different areas of the body. railroad back injury settlements , for instance are frequently affected by lateral epicondylitis or tennis elbow. railroad back injury settlements causes the tears of the tendons within the upper arms.
Diesel Exhaust
Nearly all locomotives use diesel fuel, which means that the majority of railroad workers are exposed to diesel fumes on an everyday basis. Since diesel exhaust contains many pollutants, including particulate matter, volatile organic compounds, and toxic metals, exposure over a long period can lead to a variety of medical issues including asthma.
Smokers are more prone to lung diseases like COPD because of the toxins found in diesel exhaust. Studies on diesel exhaust have also shown that the pollution is a risk factor for developing cancer, particularly leukemia and non-Hodgkin lymphoma.
Over the years locomotives have run all the time in train yards, releasing a large amount of diesel exhaust into the communities that surround railroads. This diesel exhaust is especially dangerous to the largely working-class and minority neighborhoods in the areas where these rail yards are located.
The benzene found in diesel exhaust and fuel is associated with leukemia. Railroads need to limit the use of these chemicals and ensure that their employees are trained on safety procedures. A congressman from the area recently asked Metrolink the commuter rail railroad in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust released into the predominantly working-class areas near its maintenance yard.
Asthma
If long-term exposure to diesel exhaust causes pulmonary disorders such as asthma former and current railroad employees may be able to file a claim against their employer. A successful FELA case could allow for compensation for the financial, emotional and physical consequences of a pulmonary condition.
Asthma can trigger a range of symptoms, such as coughing, wheezing, tightness in the chest and breathlessness. It can also make daily activities difficult. In railroad injury settlement amounts , asthma could cause someone to be admitted to a hospital for respiratory failure.
Railroad companies are required to ensure that their workers are safe and healthy. This includes providing adequate ventilation in the cabs of locomotives and ensuring that they use appropriate safety equipment and limiting the exposure of workers to hazardous fumes. Failure to comply with this can cause occupational health issues like asthma, pulmonary problems and other respiratory diseases.
If you suffer from mild, moderate or severe asthma which you believe was caused by your railroad job You should seek the advice of 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 could lead to an amount of money to compensate for the negative effect of your health condition on your life and career.