Railroad Lawsuits and Asthma
Railroad workers are frequently exposed to fumes and toxic chemicals like creosote, silica asbestos, and creosote. These exposures can lead to respiratory disorders like asthma.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). A reputable railroad lawsuit asthma lawyer can help. Check out the following examples of verdicts that have won and settlements.
Diesel Exhaust
Because trains run on diesel fuel, most railroad workers are exposed range of diesel fumes throughout the day. These fumes contain a mixture of tiny particles of soot, gasses, and other harmful chemicals that can cause serious health issues. Exposure to these fumes could cause the development of asthma and other lung illnesses.
Railroads have been aware of the dangers of exposure to diesel exhaust for decades. Many companies have not taken adequate measures to protect their employees. In the end, a few railroad workers have been diagnosed with respiratory illnesses that are a major cause of death.
When combined with other workplace hazards like asbestos, silica and creosote exposure to diesel fumes could lead to the development of life-altering lung illnesses, such as asthma. These ailments can prevent railroad workers from returning to their jobs and could affect the quality of their lives.
In one case our lawyers successfully defended a FELA claim asserted by a former locomotive engineer who claimed to have contracted leukemia and other cancers due to the exposure to diesel fumes and other toxic chemicals when working on railway equipment. The court granted summary judgment in favor of the railroad defendants, deciding that Plaintiff did not make an adequately thorough lookup for information regarding his illness at the time of diagnosis, and that his claims were time-barred.
Dust
Railroad workers are often exposed to various types of dust, such as silica from coal dust, ballast, and chemical fuels or petroleum. These harmful substances can be harmful to a person's health and can cause respiratory diseases, such as asthma.
Our FELA lawyer has helped many people claim compensation for their exposure. FELA allows those suffering from certain illnesses to hold employers accountable for failing to protect them from unsafe workplaces.
A Montana jury, for example it awarded $3.7 Million to a former engineer of the railroad who was suffering from pulmonary fibroidsis, a progressive lung condition caused by scarring of lung tissue. The defendant's FELA claim alleged that the inhalation of diesel exhaust on a number of, if not thousands, of occasions contributed to the development of his lung disease. The testimony of defense experts failed to convince jurors that the locomotive engineer's lung disease was due to another source.
Similar to this, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train travels through the Gorge it pollutes the sensitive habitats for wildlife and plants, tributary streams, wetlands, and the Columbia River with coal dust and other debris. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
railroad lawsuits have long been exposed to dangerous chemicals. While asbestos has been mostly removed from the workplace, other toxic substances remain. Chemical solvents, for instance are found to cause asthma and other respiratory illnesses. Railroad workers are able to sue their employers to get compensation for their losses.
In one case one case, a 61-year-old engineer in the field of locomotives was awarded $2.6 million following a jury verdict that found that his work at the railroad caused him to suffer from diesel asthma. The condition forced him to take medical leave, resulting in loss of wages. He also required two back surgeries, which included a multi-level lumbar spinal fusion, all of which added up to a significant amount of medical expenses.
He admitted that while working at various railways, he was exposed to exhaust fumes from diesel engines, strong smells, silica dust particles, chemicals and spray paints, black smoke as well as welding grease, motor grease and engine oil. His chest tense and his throat hurt. He also had trouble swallowing. He also was suffering from allergies and chronic bronchitis.
Railroads successfully argued that the release of the plaintiff in 1996 should be a bar to the new lawsuit as he knew the risk of exposure to asbestos. Hughes Law Offices argued that the statute should be enacted until the plaintiff is diagnosed with cancer in order to allow him time to seek medical evaluation and determine whether the condition is related to his job.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or any other form of cancers that may be caused by working in the railroad industry, you could have the right to file an action under FELA against the corporation who employed you. FELA lawsuits could award compensation for medical expenses, lost wages and pain and suffering. Contact a Houston FELA attorney today to discuss your case.
A jury has awarded an ex- Conrail engineer $2.6 million in the course of his occupational illness trial after concluding that the retiree's asthma, which is a chronic problem, was caused by his nearly constant exposure to diesel exhaust fumes when working on locomotives at rail yards. The lawyers for the plaintiff argued that the railroad did not protect against this kind of exposure through the lack of proper ventilation in the locomotive cabs.
Railroad workers are exposed toxic chemicals and diesel fumes. In construction and maintenance materials asbestos, benzene, and other carcinogens may be found. Sadly, these dangerous materials can cause many different cancers as well as other serious health conditions, including pulmonary diseases like asthma.
A Houston FELA attorney can help you make an employer accountable for their negligence If you suffer from asthma because of your railroad work, or if your loved ones have been diagnosed with cancer that may be related to rail industry. A professional attorney you can trust can increase your chances of obtaining the financial compensation you are entitled to for your pain and suffering.