FELA and Railroad Settlement for Asthma
Asthma, along with other lung diseases, can be caused by diesel fumes that are emitted from the workplace. A seasoned FELA lawyer can assist you to submit a claim for occupational illness against your railroad employer.
Two former railroad employees say they've lost their job due to chronic breathing problems. Their lawsuits claim that the time they spent as locomotive engineers exposed them to toxic substances such as diesel and gasoline exhaust, silica dust particles, paint sprays and chemical compounds.
FELA
Railroad employees, however, must file an claim under the Federal Employers Liability Act. FELA provides guidelines for recovering that are similar to those used for workers' compensation.
Railroad companies are accountable for occupational illnesses such as mesothelioma and lung cancer. Unlike workers' comp cases, FELA lawsuits are fault-based which means that railroad workers must prove that employer negligence played at least some role in causing the injury as well as the damages that resulted. This heavy burden of evidence makes FELA lawsuits a source of contention. Therefore, railroad companies fight to minimize their liability as often as possible.
FELA covers all railway workers employed by common carriers in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance of-way bridge and building workers, welders, and electricians. The exception is made for localized independent railroads who do not use their tracks to transport goods over long distances.
A skilled FELA lawyer is necessary to help railroad employees successfully pursue a lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and know the intricate issues involved. Call 1-800-BENZENE for a no-cost consultation.
Work-related Diseases
A person could get sick due to exposure to toxic substances while at work. These conditions are also referred to as toxic lung disorders or occupational illnesses. Occupational diseases are often difficult to recognize because the symptoms of many lung ailments do not surface until long after a person has begun their job. This is due the long time between the latency period and contaminants.
Medical research has to prove that the disease is a result of exposure to work. This is why it is vital to seek legal advice whenever you suspect that you've developed a disease or illness due to your job at the railroad.
Some workplace-related diseases include benzene lung cancer, fibrosis, chronic obstructive respiratory disorder (COPD) and hypersensitivity pneumonitis and chronic obstructive lung disease. These illnesses are caused by inhalation of vapors, gases, dusts, fumes, and cigarette smoke. Symptoms of these diseases vary according to the type of toxin being used and the size of particle that is inhaled.
Workers can also experience injuries to their muscles due to the physical nature their work. These kinds of injuries are referred to as repetitive stress injuries and can cause weakness and pain in different parts of the body. Rail workers, for instance are often afflicted by tennis elbow or lateral epicondylitis. The injury causes tear of the tendons in the upper arms.
union pacific settlements is utilized by the majority of locomotives, which means that railroad workers are constantly exposed to diesel fumes. Because diesel exhaust is a source of pollutants, including particulate matter, volatile organic compounds, and toxic metals, exposure over a long period can result in a variety of health issues, including asthma.
Smokers are more prone to lung diseases like COPD because of the toxins in diesel exhaust. The toxins in diesel exhaust is also a risk factor in the growth of cancer, specifically leukemia and non Hodgkin lymphoma.
Over the years locomotives have run continuously in train yards releasing a large amount of diesel exhaust into the communities around railroads. Diesel exhaust is especially dangerous for the majority of working-class or communities of minorities that are located near these rail yards.
The benzene present in diesel fuel and exhaust is associated with leukemia. Railroads should limit the use of these chemicals and ensure that their employees are properly educated on safety procedures. For instance a congressman from the local area has recently urged commuter rail railroad Metrolink to conduct an assessment of risk for the exhaust from its diesel engine that is released into predominantly working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.
Asthma
When exposure to long-term diesel exhaust results in asthma or other respiratory disorders former and current railroad workers could have grounds to bring an action against their employer. A successful FELA case could provide compensation for the emotional, financial and physical consequences of a work related pulmonary condition.
Asthma symptoms include wheezing and coughing. They can also cause chest tightness and shortness of breath. It can also make daily activities difficult. In more severe cases of asthma it is possible to be admitted to hospital due to respiratory failure.
Railroad companies are required to ensure that their employees are safe and healthy. This means ensuring that locomotive cabs are properly ventilated, with the proper safety gear, and minimizing exposure to harmful fumes. If this is not done, it could cause occupational diseases such as asthma, pulmonary ailments and other respiratory diseases.
If you have a moderate, severe, or mild asthma attack caused by your employment on the railroad, you should discuss your situation with a seasoned New York railroad settlement asthma lawyer. Your lawyer can assess your situation and determine if an FELA lawsuit against your employer is in your best interests. A successful FELA claim could provide an amount of money to compensate for the negative effects of your condition on your life and career.