20 Trailblazers Lead The Way In Railroad Lawsuit Mds
Railroad Lawsuits and Asthma
Rail workers are frequently exposed to toxic fumes and chemicals like asbestos and silica. These exposures can cause respiratory disorders like asthma.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can aid. Check out the following examples of successful verdicts and settlements.
Diesel Exhaust
Since trains operate on diesel fuels railroad workers are exposed throughout the day to diesel fumes. The fumes consist of tiny soot particles, gasses, and other harmful chemicals that could cause serious health issues. Exposure to these fumes could cause asthma and other lung illnesses.
For decades railroads have become aware of the dangers associated with diesel exhaust. However, many companies have not taken adequate steps to protect their employees. This is why some railroad workers have developed respiratory illnesses that are a major cause of death.
Exposure to diesel fumes when combined with other workplace hazards such asbestos, creosote, and silica can cause life-altering lung diseases, like asthma. These ailments can prevent railroad workers from returning to work and may reduce the quality of their lives.
In one instance, our lawyers successfully in defending the defense of a FELA lawsuit brought by a locomotive engineer who claimed he contracted leukemia, and other cancers because of exposure to toxic diesel fumes and toxic chemicals when working on railroad equipment. The court granted summary judgment in favor of the railroads in question, deciding that Plaintiff did not make an intelligent research into the details of his illness at the time of diagnosis, and that his claims were time-barred.
Dust
Railroad workers are often exposed to various types of dust, such as silica from coal dust, ballast and chemical fuels or petroleum. These toxic substances can be harmful to an individual's health and contribute to respiratory illness, such as asthma.
Our FELA attorney has helped a lot of people seek compensation for their exposure to these substances. FELA allows workers with certain illnesses to hold employers accountable for not protecting them from unsafe workplaces.
For instance an Montana jury awarded $3.7 million to an engineer from the past who was suffering from the condition known as pulmonary fibrosis. It is a progressive lung disease caused by scarring of lung tissue. His 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 locomotive engineer's lung disease could have a different 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 sensitive 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 other areas.
Asbestos
Rail workers were exposed to dangerous chemicals for a long time. Although asbestos has been largely removed from the workplace, some toxic substances remain. Chemical solvents, for instance, have been recognized to cause asthma and other respiratory ailments. Railroad workers are able to sue their employers to seek compensation.
In one case the jury found that a 61-year-old locomotive engineer suffered from diesel asthma due to his work on railroads. This illness forced him to take medical leave, resulting in the loss of earnings. He also was required to undergo two back surgeries, which included an lumbar spinal fusion that was multi-level that added up to a significant amount of medical expenses.
He admitted that while working at various railways he was continuously exposed to exhaust fumes from diesel engines strong smells, silica dust particles, chemical compounds and spray paints including black smoke and motor grease, welding and engine oil. His chest tightened and his throat hurt. He also had difficulty swallowing. Leukemia lawsuit was suffering from bronchitis and allergies, as well.
The railroads successfully argued the releases signed by the plaintiff in 1996 should be void for his new suit because he was aware of the risk at the time he was exposed to asbestos. Hughes Law Offices argued that the statute should be tolled until the plaintiff is diagnosed with cancer to allow him time to seek medical treatment and determine if the disease is linked to his job.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer or lung diseases, mesothelioma or any other type of cancer that could be linked to working in the railroad industry, you may be able to file an action under FELA against the corporation that employed you. FELA lawsuits could award compensation for medical expenses, lost wages, and pain and suffering. Contact an Houston FELA attorney today to discuss your case.
A jury awarded $2.6 million to an ex- Conrail engineer in his occupational illness trial after determining the source of his debilitating asthma. The jury concluded that his exposure to exhaust fumes from diesel engines was almost continuous while working with locomotives in rail yards. The lawyers representing the plaintiffs argued that railroads did not prevent exposure by not providing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed to toxic chemicals and diesel fumes. In railroad maintenance and construction materials, asbestos, benzene and other carcinogens are discovered. These toxic materials can cause a variety of kinds of cancers as well as serious health problems, such as asthma.
If you suffer from asthma that arose due to your working on the railroad, or in the case of a loved one who has been diagnosed with cancer that could be linked to the rail industry in any way, a Houston FELA lawyer can help you hold your employer accountable for their negligence. Contacting an experienced attorney immediately can help you maximize your chances of obtaining the financial compensation you're entitled to for your injuries and losses.