20 Trailblazers Lead The Way In Railroad Lawsuit Mds
Railroad Lawsuits and Asthma
Rail workers are often exposed to toxic chemicals and fumes like silica and asbestos. These exposures can trigger lung diseases, such as asthma.
Fortunately, victims can recover compensation under the Federal Employers' Liability Act (FELA). A railroad lawsuit asthma attorney can be of assistance. Take a look at these examples of verdicts and settlements.
Diesel Exhaust
Because trains run on diesel fuels railroad workers are exposed throughout the day to diesel fumes. The fumes consist of soot particles and toxic chemicals. Exposure to these fumes could cause the development of asthma and other lung diseases.
Railroads have been aware of the dangers of exposure to diesel exhaust for many years. Many companies haven't taken appropriate measures to safeguard their workers. Certain railroad workers have developed respiratory diseases that are debilitating.
Exposure to diesel fumes when coupled with other workplace hazards such asbestos, creosote and even silica can result in life-altering lung conditions, such as asthma. These symptoms could prevent railroad workers from returning back to their work, and can even impact their life quality.
In one case our lawyers successfully defended a FELA claim asserted by a former engineer who claimed to have contracted leukemia and other cancers as a result of the exposure to diesel fumes as well as other toxic chemicals while working on railway equipment. The court granted summary judgement for the defendant railroads, ruling that Plaintiff did not make a reasonably diligent research into the details of his condition at the time of diagnosis, and that his claims were not time-barred.
Dust
Railroad workers are often exposed to different kinds of dust, including silica from ballast, coal dust, and chemical or petroleum fuels. These harmful substances can cause harm to one'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. FELA allows employees suffering from certain diseases to hold their employers accountable for not protecting them from dangerous workplaces.
For example, a Montana jury handed down $3.7 million to a former engineer of the locomotive who was suffering from pulmonary fibrosis, a progressive lung disease caused by scarring of the lung tissue. In his FELA claim, the plaintiff claimed that inhaling diesel fumes hundreds or even thousands of times contributed to the development and progress of his lung disease. Jurors were not convinced by the defense experts' testimony that the locomotive engineer's lung condition could have some other cause.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Every time a train traverses the Gorge it pollutes the habitats for plants and wildlife, such as wetlands, tributary rivers and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge as well as other places.
Asbestos
Rail workers have been exposed to dangerous chemicals for a lengthy period. Although asbestos has been largely eliminated from the workplace, some toxic materials still remain. Chemical solvents, like are recognized to cause asthma and other respiratory illnesses. This is the reason railroad employees can file lawsuits in order to recover damages from the companies who hired them.
In one instance the jury ruled that a 61-year-old locomotive engineer was suffering from asthma caused by diesel due to his work on railroads. The condition forced him to take medical leave, which resulted in loss of earnings. He also had to undergo two back surgeries, including a multi-level lumbar spinal fusion all of which added up to a significant amount of medical expenses.
He stated that while working on various railways, he was exposed to exhaust fumes from diesel engines, strong smells silica dust particles chemical compounds and spray paints as well as black smoke as well as welding and engine oil. The chest tightened up and his throat hurt. He also had difficulty swallowing. He was suffering from bronchitis and allergies as well.
Railroads successfully argued that the release of the plaintiff in 1996 should be a bar to the new lawsuit as he knew about the risk being exposed to asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be extended until the plaintiff was diagnosed with cancer in order to give him the chance to seek medical care and determine if his condition was related to his employment.
Poor Ventilation
If you or someone near you has been diagnosed with lung disease, mesothelioma or another type of cancer that may be connected to your employment in the railroad industry you may be able to start an FELA lawsuit against the company that employed you. FELA lawsuits could award compensation for medical expenses, lost wages and pain and suffering. Contact a Houston FELA lawyer today to discuss your case.
A jury awarded $2.6 million to a former Conrail engineer in his occupational disease trial after determining the source of his chronic asthma. railroad workers cancer lawsuit found that his exposure to exhaust fumes from diesel engines was almost all the time while working on locomotives in rail yards. The lawyers representing the plaintiffs claimed that railroads failed in their duty to avoid exposure by not providing adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes that railroad workers breathe, they frequently come into contact toxic chemicals and other harmful substances during their jobs. Asbestos, benzene, and other carcinogens are often found in railroad maintenance and construction materials. Unfortunately, these hazardous materials can trigger a myriad of cancers and other serious health conditions, such as pulmonary illnesses such as asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence in the event that you suffer from asthma as a result of your railway work, or a loved one has been diagnosed with a cancer that could be connected to the rail industry. Contacting an experienced attorney immediately will help you maximize your chances of receiving the financial compensation you are entitled to for your losses and suffering.