Railroad Lawsuits and Asthma
Railroad workers are frequently exposed to toxic fumes and chemicals like creosote, silica, and asbestos. These exposures can lead to respiratory diseases like asthma.
Fortunately, victims could be entitled to compensation under the Federal Employers' Liability Act. A good railroad lawsuit asthma lawyer will help. Here are a few examples of settlements and verdicts.
Diesel Exhaust
Since trains run on diesel fuel, most railroad workers are exposed to a variety of diesel fumes during the day. The fumes consist of tiny soot particles gases and other toxic 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 been conscious of the dangers associated with diesel exhaust. However the majority of companies have not taken the necessary steps to protect their employees. Some railroad workers have developed respiratory ailments that can be crippling.
When combined with other workplace hazards, such as asbestos, silica or creosote, exposure to diesel fumes could cause the development of life-altering lung diseases, including asthma. Leukemia lawsuit can prevent railroad workers from returning to their jobs and can affect the quality of their lives.
In one instance, our attorneys successfully defended an FELA claim asserted by a former locomotive engineer who claimed that he had developed leukemia and other cancers as a result of the exposure to diesel fumes as well as other toxic chemicals while working on railway equipment. The court granted summary judgement for the defendant railroads. It decided that Plaintiff had not conducted an appropriate search for information about his condition when he was diagnosed and that his claims are not time-barred.
Dust
Rail workers are exposed to different dusts, such as silica dust from ballasts and coal dust. They could also be exposed to chemical or petroleum fuels. These toxic substances can cause harm to one's health and can cause respiratory ailments, such as asthma.
Our FELA lawyer has helped a number of people pursue compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with a specific illness to make their employers accountable for failing to protect them from dangerous work environments.
For instance, a Montana jury handed down $3.7 million to an engineer from the past who was suffering from lung fibrosis, a chronic lung disease that is caused by scarring of the lung tissue. His FELA claim claimed that inhaling diesel exhaust on hundreds or even thousands of occasions contributed to the development of his lung disease. Jurors were not convinced by the defense experts' testimony that the locomotive engineer's lung condition could have some other cause.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Each time a train travels through the Gorge, it pollutes sensitive habitats for wildlife and plants, the wetlands, tributary streams and the Columbia River with coal dust and other debris. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Rail workers have been exposed to hazardous chemicals for a long time. Other toxic substances remain in the workplace, even although asbestos has been removed. Chemical solvents, for example are known to cause asthma and respiratory diseases. This is the reason railroad employees could file lawsuits to recover damages from the companies who hired them.
In one instance one case, a 61-year-old locomotive engineer was awarded $2.6 million following a jury verdict that found that his job at the railroad caused him to suffer from diesel asthma. The condition caused him to be placed on medical leave and lose wages. He also underwent two back surgeries, including the lumbar spine fusion with multilevels. All of this added up to huge medical expenses.
He said he was constantly exposed to diesel exhaust fumes and strong smells. He also stated that his body was constantly exposed silica particles, chemical compounds, spray paints and black smoke. His chest tightened and his throat hurt. He also had difficulty swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads successfully argued that releases the plaintiff signed in 1996 should be void for his new suit because he was aware of the danger at the time 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 care and determine if the condition was a result of his work.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer mesothelioma, lung diseases or any other type of cancer that may be caused by working in the railroad industry, you may be entitled to file a lawsuit under FELA against the company who employed you. FELA lawsuits could award compensation for medical expenses, lost wages, and suffering and pain. Contact an Houston FELA lawyer today to discuss your case.
A jury has awarded a former Conrail engineer $2.6 million in his occupational illness trial after finding that the retired engineer's asthma-related problems were caused by his constant exposure to diesel exhaust fumes while working with locomotives at rail yards. The lawyers representing the plaintiffs claimed that railroads failed to protect themselves from exposure to diesel exhaust by not installing adequate ventilation in locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they also often come into contact with toxic chemicals and other harmful substances during their jobs. In construction and maintenance materials asbestos, benzene, and other carcinogens may be found. These toxic materials can cause various types of cancers and serious health issues, including asthma.
If you have asthma that is the result of your railway work, or if you have loved ones who have been diagnosed with cancer that could be linked to the rail industry in any way, hiring a Houston FELA lawyer can help you make your employer accountable for their incompetence. Engaging an experienced attorney as soon as possible can increase your chances of receiving the financial compensation you're entitled to for your pain and suffering.