Railroad Lawsuits and Asthma
Rail workers are frequently exposed to toxic chemicals and fumes like asbestos and silica. These exposures can cause respiratory diseases like asthma.
Fortunately, victims are eligible for compensation under the Federal Employers' Liability Act. A railroad lawsuit asthma attorney can aid. Find out more about some examples of verdicts that have won and settlements.
Diesel Exhaust
Since trains operate on diesel fuel, the majority of railroad employees are exposed to a variety of diesel fumes through the day. These fumes comprise a mix of tiny soot particles, gasses, and other harmful chemicals that can cause serious health problems. Exposure to these fumes may cause asthma and other lung diseases.
Railroads have been aware about the dangers of exposure to diesel exhaust for decades. However many companies have failed to take adequate steps to protect their employees. Railroad workers have been diagnosed with respiratory diseases that are debilitating.
Excessive exposure to diesel fumes when coupled with other workplace hazards such asbestos, creosote, and silica can cause life-altering lung conditions, such as asthma. These symptoms could prevent railroad workers from returning to their jobs, and may even reduce their life quality.
In one instance our lawyers successfully defended an FELA claim made by a former locomotive engineer who claimed that he had developed leukemia and other cancers due to the exposure to diesel fumes and other toxic chemicals when working on railway equipment. The court ruled in favor of summary judgment on behalf of the railroads. The court ruled that Plaintiff had not conducted an appropriate search for information regarding his illness at the time the disease was discovered, and that his claims are not time-barred.
Dust
Rail workers are exposed to many dusts, including silica from ballast and coal dust. They may also be exposed to chemical or petroleum fuels. These toxic substances can be harmful to a person's health and can cause respiratory ailments, such as asthma.
Our FELA attorney has helped a lot of people seek compensation for their exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain illnesses to hold their employers accountable for failing to safeguard them from unsafe work environments.
For example an Montana jury handed down $3.7 million to a former locomotive engineer who was afflicted with lung fibrosis, a chronic lung disease that is caused due to scarring of lung tissue. His FELA claim claimed that breathing diesel exhaust on hundreds or even thousands of occasions contributed to the development of his lung disease. 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. Every time a train goes through the Gorge and pollutes sensitive habitats for wildlife and plants, 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 dangerous chemicals for a long time. Other toxic materials remain in the workplace, even though asbestos has been removed. Chemical solvents, like, have been identified as causing asthma and other respiratory illnesses. Railroad employees can sue their employers to seek compensation.
In one instance the jury ruled that a 61-year-old engineer in the field was suffering from asthma caused by diesel because of his railroad work. lawsuits against union pacific railroad forced him take medical leave, resulting in lost wages. He also had two back surgeries, including an lumbar spine fusion that was multi-level. All of this added up to substantial medical expenses.
He testified that while working at various railways, he was constantly exposed to diesel exhaust fumes, strong odors, silica dust particles, chemicals and spray paints and black smoke as well as motor grease, welding and engine oil. His chest tightened up, his throat hurt and he experienced difficulty swallowing. He was suffering from allergies and bronchitis, as well.
The railroads successfully argued the releases signed by the plaintiff in 1996 should not bar his new suit because they knew about the risk at the time he was exposed asbestos. Hughes Law Offices argued that the statute should be enacted until the plaintiff is diagnosed with cancer in order to allow him to seek medical treatment and determine if the illness is connected to his job.
Poor Ventilation
If you or someone close to you has been diagnosed with lung disease, mesothelioma or any other cancer that is related to your job in the railroad industry, you could be eligible to file an FELA lawsuit against the company which employed you. FELA lawsuits can award compensation for medical expenses, lost wages and pain and suffering. Contact an Houston FELA attorney today to discuss your case.
A jury handed down $2.6 million to an ex- Conrail engineer in the course of his occupational disease trial after determining what caused the asthma he suffered from. The jury found that his exposure to diesel exhaust fumes was almost every day while working in rail yards. The lawyers for the plaintiffs argued that railroads failed to prevent exposure by not installing adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes railroad workers breathe, they frequently come into contact toxic chemicals as well as other harmful substances during their work. Asbestos and benzene as well as other carcinogens are often found in construction and maintenance materials. These toxic materials can cause a variety of types of cancers and serious health issues, including asthma.
A Houston FELA attorney can help you make an employer accountable for their negligence If you suffer from asthma due to your railroad work, or if someone close to you has been diagnosed with cancer that may be linked to rail industry. By contacting a seasoned lawyer as soon as you can, you can maximize your chances of getting the financial compensation you deserve for your suffering and losses.