3 Ways The Railroad Settlement Kidney Cancer Can Influence Your Life
FELA and Railroad Settlement for Asthma
Asthma and other lung diseases can be caused by diesel fumes at the workplace. A seasoned FELA lawyer can assist you to make a claim for occupational diseases against your railroad employer.
Two former railroad workers claim to have lost their livelihoods because of debilitating respiratory conditions. The lawsuits assert that their time as locomotive engineers exposed them to toxins such as diesel and gasoline exhausts, silica particles, chemical compounds and paint sprays.
FELA
While most injured workers are able to file a claim for compensation through standard state workers legislation, railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovering that are similar to those used for workers' compensation.
Railroad companies are responsible for occupational diseases like mesothelioma and lung cancer. As opposed to workers' compensation claims, FELA lawsuits are fault-based which means that railroad workers must prove that the negligence of the employer played some part in causing the injury and damages. This heavy burden of proof is what makes FELA lawsuits a contentious matter. Railroad companies thus try to limit their liability whenever possible.
FELA covers all railway employees who are employed by common carriers who are engaged in interstate commerce, including conductors, locomotive engineers, yardmasters, signal maintainers trackmen/maintenance and maintenance of way bridge and building workers, welding technicians and electricians. The exception is made for localized independent railroads that do not utilize their tracks to transport goods over long distances.
A knowledgeable FELA lawyer is necessary to help a railroad employee succeed in bringing a lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and know the complex issues that arise. Contact us at 1-800-BENZENE to schedule a no-cost consultation.
Work-related Diseases
A person could develop a disease because of occupational exposure to toxic materials. These conditions are also referred to as toxic lung disorders or occupational illnesses. The occupational diseases are usually difficult to identify since the symptoms of a variety of lung ailments do not surface until a long time after an individual has started working at their job. stomach cancer caused by railroad how to get a settlement is due to the long time between the latency period and toxins.
To qualify as an occupational health condition, a illness must be present during the course of employment. Additionally, the link between exposures from work and the illness needs to be proven by medical research. It is imperative to seek legal advice immediately if you suspect that you may have developed a disease or illness because of your railroad work.
Work-related illnesses can include benzene leukemia, fibrosis of lung, chronic obstructive disease (COPD), and hypersensitivity pneumonitis. These illnesses are caused by breathing in dusts, gases, vapors or fumes, as well as cigarettes smoke. The symptoms of these illnesses vary depending on the type of toxins and the size of particle that is inhaled.
Workers may also develop muscle and skeletal injuries as a result of the physical demands of their work. These kinds of injuries are referred to as repetitive stress injuries. They can cause pain and weakness across different areas of the body. For example, rail workers often suffer from lateral ectodondylitis (tennis elbow), an injury that causes the tearing of tendons in the upper arm.
Diesel Exhaust
Diesel fuel is used by almost all locomotives, so railroad workers are exposed to diesel fumes. Because diesel exhaust is a source of pollutants including particulate matter, volatile organic compounds and toxic metals, exposure for a long time can cause a range of medical conditions, including asthma.
The toxins in diesel exhaust may be more harmful to people who smoke, which is the reason smokers are at greater risk of lung-related diseases such as COPD. The toxins in diesel exhaust is also a risk factor for the growth of cancers, particularly leukemia and non Hodgkin lymphoma.
Over the years locomotives have been operating all the time in train yards, emitting a significant amount of diesel exhaust into communities around railroads. Diesel exhaust poses a particular risk for the majority of working-class and minorities communities that are close to these railway yards.
The benzene found in diesel fuel and exhaust has been associated with leukemia in certain individuals, which is the reason railroads must be cautious to limit the amount of chemicals that are absorbed into their properties and make sure that their employees are trained in the proper safety protocols. For instance a congressman from the area has recently called on the commuter rail railroad Metrolink to conduct an assessment of the risks associated with diesel exhaust that is released into predominantly working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.
Asthma
Current and former railroad workers may be able of sue their employer if prolonged exposure to the railroad causes pulmonary problems like asthma. A successful FELA claim could lead to compensation for the emotional, financial and physical effects of a work related pulmonary condition.
Asthma can cause a variety of symptoms, including wheezing, coughing, tightness in the chest and breathlessness. It can also make your daily activities difficult. In more severe cases, asthma may result in a person being admitted to a hospital for respiratory failure.
Railroad companies have a responsibility to ensure that their employees are safe and healthy. This includes ensuring that locomotive cabs are properly ventilated, with the proper safety equipment, and minimizing the exposure of workers to harmful fumes. Failure to do this can result in occupational illnesses such as asthma, pulmonary problems and other respiratory illnesses.
If you suffer from mild, moderate or severe asthma that you believe is caused by your railroad work You should seek the advice of an experienced New York railroad settlement attorney. The lawyer you choose to consult will assess your situation and help you determine whether an FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could provide an amount of money to compensate for the negative impact your situation has had on your career and daily life.