Railroad Lawsuits and Asthma
Railroad workers often are exposed to fumes and toxic chemicals like creosote, silica asbestos, and creosote. These exposures can trigger pulmonary disorders such as asthma.
Fortunately, victims may be entitled to compensation under the Federal Employers' Liability Act. An asthma attorney for railroad lawsuits can help. Check out the following examples of successful verdicts and settlements.
Diesel Exhaust
Since trains operate on diesel fuels railroad workers are exposed all day to diesel fumes. These fumes contain a mixture of tiny soot particles, gasses, and other harmful chemicals that can cause serious health issues. Exposure to these fumes could contribute to the development of asthma and other pulmonary illnesses.
Since decades railroads have been conscious of the dangers that come with diesel exhaust. Many companies have not taken appropriate measures to safeguard their workers. Railroad workers have been diagnosed with respiratory diseases that are debilitating.
Exposure to diesel fumes, when coupled with other workplace hazards such asbestos, creosote or silica can cause life-altering lung diseases, such as asthma. These conditions can prevent railroad workers from returning to their jobs and can affect the quality of their lives.
In one case that our lawyers were able to defend, they successfully the FELA claim made by a former locomotive engineer who claimed that he had developed leukemia and other cancers as a result of his exposure to diesel fumes and other toxic chemicals when working on railway equipment. The court granted summary judgement for the railroads that were defendants, and ruled that Plaintiff did not make an adequate research into the details of his condition at the time of diagnosis, and that his claims were barred by time.
Dust
Rail workers are exposed to various dusts, including silica dust from ballasts and coal dust. They are also exposed to chemical or petroleum fuels. These harmful substances can be harmful to health and can trigger respiratory ailments like asthma.
Our FELA lawyer has helped a number of people seek compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with a specific illness to claim their employers are accountable for not protecting them from dangerous work environments.
A Montana jury, for instance has awarded $3.7 Million to a former locomotive engineer who suffered from pulmonary fibroidsis. This is a progressive lung condition caused by scarring of the lung tissue. In his FELA claim, it was claimed that inhaling diesel fumes hundreds, perhaps thousands of times contributed to the development and development of his lung disease. Jurors were not persuaded by the defense experts' testimony that the engineer's lung disease could have a different cause.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Every time a train traverses the Gorge it pollutes the habitats for plants and wildlife, wetlands, tributary rivers, and the Columbia River. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Railroad workers have been exposed to dangerous chemicals. Although asbestos has been largely eliminated from the workplace, other toxic substances remain. Chemical solvents can cause respiratory illnesses and asthma. This is why railroad workers are able to file lawsuits seeking damages from the companies who hired them.
In railroad workers cancer lawsuit ruled that a 61-year old locomotive engineer was suffering from diesel asthma due to his work on railroads. This illness forced him to take medical leave, resulting in lost earnings. He also was required to undergo two back surgeries, which included an lumbar spinal fusion with multiple levels, all of which added up to considerable medical expenses.
He stated that while working on different railways he was exposed to diesel exhaust fumes, strong odors silica dust particles spray paints and chemical compounds and black smoke, welding grease, motor grease and engine oil. His chest tense and his throat hurt. He also had trouble swallowing. He suffered from allergies and bronchitis, too.
The railroads successfully argued the release of the plaintiff in 1996 should be a bar to his new suit because he knew about the risk being exposed to asbestos. Hughes Law Offices also argued that the statute of limitations should be extended until the plaintiff was diagnosed with cancer to give him the chance to seek medical attention and determine if the condition was due to his job.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or other forms of cancer that may be connected to work in the railroad industry, you might have the right to file a lawsuit under FELA against the corporation that employed you. FELA lawsuits may award compensation for medical costs and lost wages, as well as suffering and pain and other damages. Contact an Houston FELA attorney 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 constant exposure to diesel exhaust fumes as he crewing locomotives at rail yards. The plaintiff's lawyers claimed that the railroad did not protect against this kind of exposure by not installing proper ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals and diesel fumes. Asbestos, benzene and other carcinogens are frequently found in construction and maintenance materials. Unfortunately, these hazardous substances can cause a myriad of cancers and other serious health conditions, including pulmonary illnesses like asthma.
If you have asthma that arose due to your railway work, or when you have family members who have been diagnosed with cancer that could be related to the rail industry and an Houston FELA lawyer can help you ensure that your employer is held accountable for their incompetence. Contacting an experienced attorney immediately can help you maximize your chances of obtaining the financial compensation you're entitled to for your pain and suffering.