Railroad Lawsuits and Asthma
Rail workers are frequently exposed to toxic chemicals and fumes such as asbestos and silica. These exposures can lead to respiratory diseases like asthma.
Fortunately, victims could be eligible for compensation under the Federal Employers' Liability Act. A railroad lawsuit asthma attorney can aid. Here are some examples of successful settlements and verdicts.
Diesel Exhaust
Since trains operate on diesel fuel, most railroad employees are exposed to a variety of diesel fumes through the day. The fumes consist of tiny soot particles, gases, and other toxic chemicals that can cause serious health issues. railroad lawsuits to these fumes may be a contributing factor to the development of asthma and other pulmonary diseases.
Since the beginning of time railroads have been conscious of the dangers that come with diesel exhaust. However numerous companies have not taken appropriate measures to protect their employees. As a result, many railroad workers have developed respiratory ailments that are severe and debilitating.
In conjunction with other workplace hazards such as asbestos, silica or creosote exposure to diesel fumes could lead to the development of life-altering 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 attorneys successfully defended an FELA claim by a former engineer who claimed to have contracted leukemia and other cancers due to his exposure to diesel fumes as well as other toxic chemicals when working on railway equipment. The court granted summary judgment for the railroads in dispute. The court ruled that Plaintiff had not conducted a reasonable search for information about his condition when the disease was discovered, and that his claims are barred by time.
Dust
Rail workers are exposed to a variety of dusts, including silica dust from ballast and coal dust. They could also be exposed to chemical or petroleum fuels. These toxic substances can cause harm to one's health and can cause respiratory illnesses, like asthma.
Our FELA attorney has helped many people seek compensation for exposure to these substances. FELA allows employees suffering from certain illnesses to hold employers accountable for failing to protect them from dangers in their workplaces.
For instance for instance, a Montana jury awarded $3.7 million to a former locomotive engineer who was afflicted with the condition known as pulmonary fibrosis. It is a progressive lung disease caused by scarring of lung tissue. The defendant's FELA claim claimed that the inhalation of diesel exhaust on hundreds, if not thousands, of occasions led to the development of his lung disease. The testimony of defense experts did not convince jurors that the locomotive engineer’s lung disease was caused by an unrelated cause.
Similarly, 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, stream tributary wetlands and the Columbia River with coal dust and other debris. BNSF has accepted to stop transporting coal through the Gorge and in other locations.
Asbestos
Rail workers were exposed to dangerous chemical substances for a long time. While asbestos has been mostly removed from the workplace, other toxic substances are still. Chemical solvents, for instance, have been known to cause asthma and respiratory diseases. This is the reason railroad workers can file lawsuits in order to recover damages from the companies who employed them.
In one instance the jury found that a locomotive engineer aged 61 was suffering from asthma caused by diesel because of his railroad work. The illness forced him take medical leave, which resulted in the loss of earnings. He also had to undergo two back surgeries, which included a multi-level lumbar spinal fusion all of which added up to a significant amount of medical costs.
He admitted that while working at various railways, he was exposed to diesel exhaust fumes, strong smells, silica dust particles, chemicals and spray paints, black smoke and welding, motor grease, and engine oil. His chest tightened up, his throat ached and he had difficulties swallowing. He was suffering from bronchitis and allergies, too.
Railroads successfully argued that the release of the plaintiff from 1996 should block his new lawsuit because he knew the risk being exposed to asbestos. Hughes Law Offices argued that the statute should be tolled up until the plaintiff is diagnosed with cancer, to give him time to seek medical attention and determine if the condition is related to his job.
Poor Ventilation
If you or someone near you has been diagnosed with mesothelioma or lung disease or any other cancer that could be linked to your work in the railroad industry you could be eligible to file a FELA lawsuit against the company that employed you. FELA lawsuits may award compensation for medical expenses 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 a former Conrail engineer $2.6 million in his occupational illness trial after determining that the retiree's debilitating asthma was caused by his frequent exposure to diesel exhaust fumes during crewing locomotives at rail yards. The lawyers representing the plaintiffs claimed that railroads failed to prevent exposure to diesel exhaust by not installing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals, as well as diesel fumes. Asbestos and benzene as well as other carcinogens are often found in construction and maintenance materials. These hazardous substances can cause many types of cancers and serious health problems, such as asthma.
If you suffer from asthma that developed due to your railway work, or If you are the parent of a loved one who has been diagnosed with cancer that may be linked to the railroad industry and you should consult a Houston FELA lawyer can help you hold your employer accountable for their incompetence. Contacting an experienced attorney immediately will increase your chances of obtaining the financial compensation you're entitled to for your losses and suffering.