FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on working can lead to lung ailments, such as asthma. A FELA lawyer with expertise can help you file an occupational disease claim against your railroad company.
Two former railroad employees claim that they lost their jobs because of debilitating respiratory conditions. The lawsuits claim that the years spent working as locomotive engineers exposed them to toxic substances such as diesel and gasoline exhaust, silica dust particles, chemical compounds and paint sprays.
FELA
Although most injured workers can submit a claim for compensation under the standard state workers legislation railroad employees have to seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovering that are similar to those used for workers' compensation.
Railroad companies are accountable when they expose their employees to toxic workplace exposures and later cause occupational illnesses like mesothelioma and fibrosis, scleroderma, lung cancer or other respiratory ailments. Unlike workers' comp cases, FELA lawsuits are fault-based that is, railroad workers must prove that the negligence of the employer played some part in the injury as well as the damages that resulted. This heavy burden of proof is what makes FELA lawsuits a source of contention. Consequently, railroad companies attempt to minimize their liability whenever they can.
FELA covers all railway workers employed by common carriers in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance-of way, bridge and building employees electricians, welders and welders. Localized independent railroads that don't transport goods over long distances are not covered by FELA.
A knowledgeable FELA lawyer is essential for helping railroad employees successfully pursue a lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and comprehend the intricate issues involved. For a free consultation, call us at 1-800-BENZENE now.
railroad injury settlement amounts -related Diseases
A person could be diagnosed with a disease due to exposure to toxic substances at work. These diseases are known as occupational diseases or toxic lung disorders. Occupational diseases can be difficult to identify, since the symptoms of lung issues typically do not manifest until a long time after the person starts working. This is due to the long intervals of latency that are associated with a lot of contaminants.
To qualify as an occupational disease, a disease must develop during the course of employment, and the connection between exposures to work and the disease must be proven by medical research. This is why it is vital to seek legal counsel whenever you suspect that you've been diagnosed with a disease or illness due to your work at a railroad.
Some workplace-related ailments include benzene lung cancer, fibrosis chronic obstructive lung disease (COPD) hypersensitivity pneumonitis, as well as chronic obstructive airway disease. These diseases are caused by breathing in dusts, gasses, vapors, fumes, and cigarette smoke. The symptoms of these diseases can vary depending on the type of toxins and the size of the particle that is inhaled.
Workers can also sustain injuries to their muscles due to the physical nature their work. These types of injuries are known as repetitive stress injuries. They may cause weakness and pain in various parts of the body. For instance, railroad workers frequently suffer from lateral epicondylitis (tennis elbow) which causes the tearing of tendons in the upper arm.
Diesel Exhaust
Diesel fuel is used by the majority of locomotives, which means that railroad workers are regularly exposed to diesel fumes. Diesel exhaust can contain a variety of contaminants, including particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust could lead a variety medical issues, including asthma.
The toxins that are present in diesel exhaust can be even more harmful to people who smoke, which is why smokers are more at risk of lung diseases, such as COPD. The pollution that comes from diesel exhaust is also a risk factor for 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 communities near the railroad. Diesel exhaust is particularly dangerous for the majority of working-class or minority neighborhoods located near these railway yards.
The benzene in diesel exhaust and fuel is linked to leukemia. Railroads need to limit the use of these chemicals and ensure that their employees are properly trained on safety procedures. A local congressman recently requested Metrolink which is a commuter railroad railroad located in Los Angeles, CA, to conduct a risk study of the diesel exhaust that is released into the mostly working-class neighborhoods around its maintenance yard.
Asthma
Former and current railroad workers might be able claim against their employer if long-term exposure causes pulmonary conditions such as asthma. A successful FELA case could result in compensation for the emotional, financial and physical repercussions of a pulmonary disorder.
Asthma can trigger a range of symptoms, including coughing, wheezing or chest tightness and breath shortness. It can also make everyday activities difficult. In more severe cases, asthma may cause someone to be admitted to hospital for respiratory failure.
It is the responsibility of railroad companies to ensure that their workers are safe and healthy. This includes ensuring that the locomotive cabs are well ventilated, with the proper safety equipment, and minimizing exposure to harmful fumes. Failure to do so can lead to occupational diseases such as asthma and pulmonary issues, as well as other respiratory diseases.
If you suffer from mild, moderate or severe asthma which you believe was caused by your railroad work then you should consult an experienced New York railroad settlement attorney. Your attorney can evaluate the situation and determine whether a FELA lawsuit against your employer is your best option. A successful FELA lawsuit could result in an amount of money to compensate for the negative impact that your condition has affected your career and your life.