Railroad Lawsuits and Asthma
Rail workers are frequently exposed to harmful chemicals and fumes like asbestos and silica. These exposures can cause respiratory disorders like asthma.
Fortunately, victims could be entitled to compensation under the Federal Employers' Liability Act. A reputable railroad lawsuit asthma lawyer can aid. Here are some examples of successful settlements and verdicts.
blacklands railroad lawsuit
Since trains operate on diesel fuel, most railroad workers are exposed to a variety of diesel fumes during the day. The fumes consist of soot particles and toxic chemicals. The exposure to these fumes can cause asthma and other lung illnesses.
Railroads have been aware of dangers of exposure to diesel exhaust for decades. However the majority of companies have failed to take appropriate measures to protect their employees. As a result, many railroad workers have been diagnosed with respiratory diseases that are debilitating.
In conjunction with other workplace hazards, such as asbestos, silica or creosote exposure to diesel fumes could lead to the development of life-changing pulmonary illnesses, such as asthma. These ailments can prevent railroad workers from returning to work 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 developed leukemia and other cancers as a result of the exposure to diesel fumes and other toxic chemicals when working on railway equipment. The court granted summary judgment in favor of the railroads in question, deciding that Plaintiff did not make an adequate search for information regarding his illness at the time of diagnosis, and that his claims were barred by time.
Dust
Rail workers are exposed to many dusts, including silica dust from ballasts as well as coal dust. They are also exposed to chemical or petroleum fuels. These toxic substances can cause harm to one's health and contribute to respiratory ailments, such as asthma.
Our FELA lawyer has assisted many people seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain ailments to hold their employers accountable for their failure to protect them from unsafe work environments.
A Montana jury, for instance has awarded $3.7 Million to an engineer from the past who suffered from pulmonary fibroidsis. It is a lung condition that progresses due to scarring in lung tissue. The defendant's FELA claim claimed that the inhalation of diesel exhaust on hundreds or even thousands of occasions led to the development of his lung disease. Jurors were not convinced by the testimony of defense experts that the engineer's lung disease could have a different cause.
Similarly, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train crosses the Gorge it pollutes the habitats for wildlife and plants, such as wetlands, tributary rivers and the Columbia River. BNSF has accepted to stop transporting coal in the Gorge and in other locations.
Asbestos
Railroad workers have been exposed to hazardous chemicals. While asbestos has been mostly eliminated from the workplace, some toxic substances are still. Chemical solvents are known to cause respiratory illnesses and asthma. Railroad workers are able to sue their employers to recover damages.
In one instance the jury ruled that a 61-year old locomotive engineer was suffering from diesel asthma because of his railroad work. This condition led him to be placed on medical leave and lose wages. He also underwent two back surgeries including a multilevel lumbar spine fusion. All of this added up to huge medical costs.
He claimed that his body was constantly exposed to diesel exhaust fumes and strong odors. He also said he was constantly exposed to silica particles as well as chemical compounds, spray paints and black smoke. His chest tightened and throat hurt. He also had difficulty swallowing. He also suffered from chronic allergies and bronchitis.
The railroads successfully argued that releases the plaintiff signed in 1996 should bar his new suit because they knew about the risk at the time he was exposed to asbestos. Hughes Law Offices also argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer in order to give him the chance to seek medical care and determine if his condition was a result of his work.
Poor Ventilation
If you or someone near you has been diagnosed with lung disease, mesothelioma or another type of cancer that may be related to your employment in the railway industry, you might be able bring a FELA lawsuit against the company which employed you. FELA lawsuits may provide compensation for medical expenses, lost wages, and pain and suffering. Contact a Houston FELA attorney today to discuss your case.
A jury handed down $2.6 million to a former Conrail engineer in his occupational disease trial after determining the root of his asthma-related debilitating condition. The jury concluded that his exposure to diesel exhaust fumes was nearly continuous while working with locomotives in rail yards. The plaintiff's lawyers claimed that the railroad did not prevent this kind of exposure because they did not install proper ventilation in the locomotive cabs.
Railroad workers are exposed to toxic chemicals and diesel fumes. Asbestos, benzene, and other carcinogens are frequently found in construction and maintenance materials. Sadly, these dangerous materials can cause many different cancers as well as other serious illnesses, including respiratory illnesses like asthma.
If you suffer from asthma that was brought on by your railway work, or in the case of loved ones who have been diagnosed with cancer that could be connected to the rail industry in any way, an Houston FELA lawyer can help you hold your employer accountable for their negligence. If you contact an experienced lawyer as soon as you can you will increase your chances of obtaining the financial compensation you deserve for your suffering and losses.