Railroad Lawsuits and Asthma
Rail workers are frequently exposed to harmful chemicals and fumes like asbestos and silica. These exposures can trigger respiratory diseases like asthma.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can be of assistance. Here are a few examples of settlements that have resulted in successful verdicts.
Diesel Exhaust
Because trains run on diesel fuel, railroad employees are exposed to a variety of diesel fumes during the day. These fumes are composed of tiny soot particles gasses, and other harmful chemicals that could cause serious health issues. Exposure to these fumes can contribute to asthma and other lung diseases.
Since the beginning of time railroads have become aware of the risks associated with diesel exhaust. Many companies haven't taken appropriate measures to safeguard their employees. As a result, many railroad workers have suffered from debilitating respiratory illnesses.
Exposure to diesel fumes when coupled with other workplace hazards such as asbestos, creosote and even silica, can lead to life-changing lung conditions, such as asthma. These conditions often hinder railroad workers from returning to their work and could impact the quality of their lives.
In one instance the attorneys of our firm successfully defended an FELA claim by a former engineer who claimed to have developed leukemia and other cancers due to his exposure to diesel fumes and other toxic chemicals while working on railway equipment. The court granted summary judgement for the railroad defendants, deciding that Plaintiff did not make a reasonably diligent search for information regarding his illness at the time of diagnosis and the claims were time-barred.
Dust
Rail workers are exposed to different dusts, like silica from ballasts as well as coal dust. They can also be exposed to petroleum or chemical fuels. These harmful substances can be harmful to a person's health and contribute to respiratory diseases, such as asthma.
Our FELA lawyer has assisted a number of people seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with a specific illness to hold their employers accountable for not protecting them from unsafe work environments.
A Montana jury, for instance has awarded $3.7 Million to a former locomotive engineer who suffered from pulmonary fibroidsis, a progressive lung condition caused by scarring in lung tissue. In his FELA claim, he claimed that breathing diesel fumes hundreds perhaps thousands of times, contributed to the development and the progression of his lung condition. The testimony of experts for the defense did not convince jurors that the engineer's lung disease was caused by an unrelated cause.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Each time a train passes the Gorge it pollutes sensitive habitats for plants and wildlife, the wetlands, tributary rivers and the Columbia River. BNSF has accepted to stop transporting coal through the Gorge as well as other places.
Asbestos
Rail workers have been exposed to dangerous chemicals for a long period of time. Other toxic materials remain in the workplace even though asbestos has been removed. Chemical solvents, for example, have been known to cause asthma and respiratory diseases. This is the reason railroad workers can file lawsuits in order to recover damages from the companies that hired them.
In one case, the jury found that a 61-year-old locomotive engineer was suffering from asthma caused by diesel due to his work on railroads. The condition forced him to take medical leave, resulting in lost earnings. He also required two back surgeries, including an lumbar spinal fusion that was multi-level that added up to significant medical costs.
He said that while working for various railways, he was constantly exposed to exhaust fumes from diesel engines strong odors, silica dust particles, chemical compounds and spray paints as well as black smoke and welding grease, motor grease and engine oil. His chest tightened and throat hurt. He also had trouble swallowing. He was suffering from bronchitis and allergies too.
The railroads won the argument that release of the plaintiff in 1996 should be a bar to the new lawsuit as he knew the risk when he was exposed asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be extended until the plaintiff was diagnosed with cancer in order to give him the chance to seek medical treatment and determine if the illness was related to his work.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer mesothelioma, lung diseases or any other type of cancers that could be caused by working in the railroad industry, you could be able to file an action under FELA against the corporation who employed you. FELA lawsuits may provide compensation for medical expenses, lost wages and pain and suffering. Contact an Houston FELA lawyer today to discuss your case.
A jury has awarded an ex- Conrail engineer $2.6 million in his occupational health trial after concluding that the retiree's asthma-related problems were caused by his nearly constant exposure to diesel exhaust fumes when working with locomotives at rail yards. Railroad Cancer Lawsuit Settlements argued that the railroad failed to stop this type of exposure through the lack of proper ventilation in the cabs of locomotives.
In addition to the diesel fumes railroad workers breathe, they often come into contact with toxic chemicals and other harmful substances while doing their jobs. Asbestos and benzene as well as other carcinogens are commonly found in railroad maintenance and construction materials. Sadly, these toxic materials can cause many different cancers as well as other serious illnesses, including respiratory conditions such as asthma.
If you suffer from asthma that arose due to your work on the railroad, or in the case of loved ones who have been diagnosed with cancer that could be linked to the railroad industry or a railroad, hiring a Houston FELA lawyer can help you ensure that your employer is held accountable for their negligence. Engaging an experienced attorney as soon as possible will increase your chances of obtaining the financial compensation you are entitled to for your loss and suffering.