Railroad Lawsuits and Asthma
Rail workers are frequently exposed to harmful fumes and chemicals such as asbestos and silica. The exposures could cause respiratory disorders like asthma.
Fortunately, victims are eligible for compensation under the Federal Employers' Liability Act. A reputable railroad lawsuit asthma lawyer can aid. Read on for some examples of verdicts that have been successful and settlements.
Diesel Exhaust
Since trains run on diesel fuels railroad employees are exposed all day to diesel fumes. These fumes are a mixture of soot particles and harmful chemicals. Exposure to these fumes may lead to the development of asthma and other pulmonary illnesses.
Railroads have been aware about the dangers of exposure to diesel exhaust for decades. Many companies haven't taken appropriate measures to safeguard their employees. Railroad workers have been diagnosed with respiratory ailments that can be crippling.
Exposure to diesel fumes when combined with other workplace hazards like asbestos, creosote, and silica can cause life-altering lung diseases, such as asthma. These conditions can hinder railroad workers from returning to their jobs, and can even impact their overall health.
In one case our lawyers successfully defended the FELA claim by a former locomotive engineer who claimed to have developed leukemia and other cancers due to his exposure to diesel fumes as well as other toxic chemicals while working on railway equipment. The court granted summary judgement for the railroads in dispute. It ruled that Plaintiff did not conduct an informed search regarding his condition at the time the disease was discovered, and that his claims are time-barred.
Dust
Rail workers are exposed to different dusts, including silica dust from ballasts and coal dust. They may also be exposed to petroleum or chemical fuels. These harmful substances can cause harm to one's health and contribute to respiratory diseases, such as asthma.
Our FELA attorney has helped many people seek compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain illnesses to make their employers accountable for their failure to protect workers from hazardous work environments.
For instance the case of a Montana jury handed down $3.7 million to a former locomotive engineer who was suffering from pulmonary fibrosis, a progressive lung disease that is caused by scarring of lung tissue. The defendant's FELA claim alleged that the inhalation of diesel exhaust on a number of or even thousands of occasions contributed to the development of his lung disease. The testimony of the defense experts did not convince jurors that locomotive engineer's lung disease was due to a different reason.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Every time a train goes through the Gorge, it pollutes sensitive habitats for wildlife and plants, wetlands, tributary streams, 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.
Asbestos
Railroad workers have for a long time been exposed to dangerous chemicals. Other toxic materials remain in the workplace even when asbestos has been removed. Chemical solvents can cause respiratory illnesses and asthma. Railroad workers can sue their employers to obtain compensation.
In one case, a 61 year old engineer for the locomotive received $2.6 million after a jury verdict found that his work on the railroad caused him to suffer from diesel asthma. This illness caused him to be on medical leave and to lose his wages. He also had to undergo two back surgeries, which included a multi-level lumbar spinal fusion all of which added up to significant medical costs.
He said the air he breathed was constantly contaminated with diesel exhaust fumes as well as strong odors. He also said he was exposed to silica particles, chemical compounds, spray paints, and black smoke. His chest tightened up, his throat hurt and he experienced difficulties swallowing. He suffered from allergies and bronchitis, too.
The railroads successfully argued the releases signed by the plaintiff in 1996 should bar his new suit since they knew about the risk at the time he was exposed asbestos. Hughes Law Offices also argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer to give him the opportunity to seek medical attention and determine if the condition was due to his job.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer mesothelioma, lung diseases or any other form of cancer that may be related to working in the railroad industry, you could be entitled to file an action under FELA against the company who employed you. FELA lawsuits can provide compensation for medical costs as well as lost wages, suffering and pain, as well as other damages. Contact an Houston FELA attorney today to discuss your case.
A jury has awarded a former Conrail engineer $2.6 million in his occupational health trial after finding that the retiree's asthma-related illness was the result of his constant exposure to diesel exhaust fumes as he working on locomotives at rail yards. railroad controls limited lawsuit for the plaintiff argued that the railroad did not prevent this kind of exposure by not putting in proper ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals and diesel fumes. In construction and maintenance material, asbestos, benzene and other carcinogens may be discovered. These dangerous substances can cause many kinds of cancers, as well as serious health problems, such as asthma.
A Houston FELA attorney can help you make an employer accountable for their negligence in the event that you suffer from asthma due to your railroad work, or your loved ones have been diagnosed with cancer that could be connected to the railroad industry. If you contact an experienced lawyer as soon as you can, you can maximize your chances of obtaining the financial compensation that you deserve for your suffering and losses.