Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful fumes and chemicals like asbestos and silica. These exposures can trigger respiratory disorders like asthma.
Fortunately, asbestos lung cancer lawsuit can recover compensation under the Federal Employers' Liability Act (FELA). A railroad lawsuit asthma attorney can help. Take a look at these examples of successful verdicts and settlements.
Diesel Exhaust
Since trains are powered by diesel fuel, a majority of railroad employees are exposed to a variety of diesel fumes through the day. These fumes are composed of tiny soot particles, gasses, and other harmful chemicals that could cause serious health issues. Exposure to these fumes could be a contributing factor to the development of asthma and other lung diseases.
Since decades railroads have been conscious of the dangers posed by diesel exhaust. Many companies haven't implemented adequate safeguards to protect their workers. Certain railroad workers have developed respiratory diseases that are debilitating.
When combined with other workplace hazards, like asbestos, silica, and creosote exposure to diesel fumes can result in the development of life-threatening pulmonary illnesses, such as asthma. These symptoms can often prevent railroad workers from returning to work and may reduce the quality of their lives.
In one case our attorneys successfully secured the defense of a FELA lawsuit asserted by a locomotive engineer who claimed that he had developed leukemia, and other cancers because of exposure to toxic diesel fumes and toxic chemicals when working on railroad equipment. The court granted summary judgement for the railroads that were defendants, and ruled that Plaintiff did not conduct an adequate search for information about his condition at the time of diagnosis and the claims were time-barred.
Dust
Railroad workers are frequently exposed to various kinds of dust, including silica from coal dust, ballast, and chemical or petroleum fuels. These harmful substances can be harmful to an individual's health and can cause respiratory diseases, such as asthma.
Our FELA attorney has helped a lot of people seek compensation for their exposure to these substances. FELA allows those suffering from certain diseases to hold employers accountable for not protecting workers from hazardous workplaces.
For instance the case of a Montana jury handed down $3.7 million to an engineer from the past who was diagnosed with the condition known as pulmonary fibrosis. It is a progressive lung disease that is caused by scarring of lung tissue. In his FELA claim, the defendant claimed that the inhalation of diesel fumes hundreds, if no thousands of times, contributed to the development and 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 source.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Every time a train passes through the Gorge it pollutes plant and wildlife habitat, wetlands, tributary streams, and the Columbia River with coal dust and other debris. BNSF has decided to stop transporting coal in the Gorge as well as other places.
Asbestos
Rail workers have been exposed chemicals for a long time. Other toxic materials remain in the workplace, even when asbestos has been removed. Chemical solvents for example, have been found to cause asthma and respiratory diseases. Railroad workers are able to sue their employers to get compensation for their losses.
In one instance, the jury found that a locomotive engineer aged 61 was suffering from diesel asthma due to his railroad work. This illness caused him to be placed on medical leave and lose his wages. He also underwent two back surgeries, including the multilevel lumbar spine fuse. All of this added up to significant medical expenses.
He said he was constantly exposed to diesel exhaust fumes as well as strong odors. He also said he was constantly exposed to silica particles chemical compounds, spray paints, and black smoke. The chest tightened, the throat ached, and he was having trouble swallowing. He also suffered from chronic allergies and bronchitis.
The railroads successfully argued the releases that plaintiff signed in 1996 should be void for the new suit as he was aware of 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 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, lung cancer or any other cancer that may be connected to your work in the railway industry, you may be able to make an FELA lawsuit against the company that employed you. FELA lawsuits could award compensation for medical expenses, lost wages and suffering and pain. Contact a Houston FELA attorney today to discuss your case.
A jury awarded $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 determined that his exposure to diesel exhaust fumes was nearly constant while crewing locomotives in rail yards. The lawyers for the plaintiff argued that the railroad was unable to prevent this kind of exposure through the lack of adequate ventilation in the locomotive cabs.
In addition to the diesel fumes railroad workers breathe, they frequently come into contact with toxic chemicals as well as other harmful substances during their jobs. In construction and maintenance material, asbestos, benzene and other carcinogens are discovered. These toxic substances can cause many kinds of cancers as well as serious health issues like asthma.
If you have asthma that was brought on by your railway work, or when you have family members who have been diagnosed with cancer that may be linked to the railroad industry, an Houston FELA lawyer can help you to hold your employer accountable for their incompetence. Contacting an experienced attorney immediately can increase your chances of receiving the financial compensation you are entitled to for your pain and suffering.