5 Laws That Can Help In The Railroad Lawsuit Mds Industry
Railroad Lawsuits and Asthma
Railroad workers are frequently exposed to fumes and toxic chemicals such as creosote, silica asbestos, and creosote. The exposures could cause respiratory disorders like asthma.
Fortunately, victims can recover compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can be of assistance. Take a look at these examples of successful verdicts and settlements.
Diesel Exhaust
Because trains run on diesel fuel, railroad workers are exposed to a range of diesel fumes throughout the day. These fumes are composed of soot particles as well as toxic chemicals. Exposure to these fumes could cause asthma and other lung diseases.
For decades railroads have been aware of the dangers that come with diesel exhaust. However, many companies have failed to take appropriate measures to protect their employees. Railroad workers have been diagnosed with respiratory illnesses that can be debilitating.
Exposure to diesel fumes when combined with other workplace hazards such as asbestos, creosote and even silica, can lead to life-changing lung diseases, such as asthma. These symptoms can often prevent railroad workers from returning to work and could affect the quality of their lives.
In one instance, our lawyers successfully defended the defense of a FELA lawsuit asserted by an engineer working on locomotives who claimed he was diagnosed with leukemia and other cancers as a result of exposure to toxic chemicals and diesel fumes when working on railroad equipment. The court granted summary judgment in favor of the railroads that were defendants, and ruled that Plaintiff did not conduct an adequate search for information about his illness at the time of diagnosis, and that his claims were barred by time.
Dust
Railroad workers are exposed to a variety of dust, such as silica from coal dust, ballast, and petroleum or chemical fuels. These harmful substances can be harmful to health and can cause respiratory illnesses like asthma.
Our FELA attorney has assisted many people seek compensation for exposure to these substances. FELA allows employees suffering from certain illnesses to hold employers accountable for failing to protect them from dangerous workplaces.
For instance the case of a Montana jury awarded $3.7 million to an engineer from the past who was suffering from pulmonary fibrosis, a progressive lung disease that is caused due to scarring of the lung tissue. In his FELA claim, the defendant claimed that inhaling diesel fumes hundreds, or perhaps thousands of times contributed to the development and the progression of his lung condition. Jurors were not convinced by the defense experts' testimony that the locomotive engineer's lung illness could have a different source.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Every time a train traverses the Gorge it pollutes habitats that are sensitive 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 and other locations.
Asbestos
Rail workers have been exposed to dangerous chemicals for a lengthy period. Although asbestos has been largely eliminated from the workplace, other harmful substances are still. Chemical solvents can cause asthma and respiratory illnesses. Railroad employees may sue their employers to get compensation for their losses.
In one instance the jury ruled that a locomotive engineer aged 61 was suffering from diesel asthma due to his work in the railroad. This condition led him to be placed on medical leave and to lose his wages. He also had to undergo two back surgeries, which included an lumbar spinal fusion that was multi-level, all of which added up to significant medical costs.
bnsf lawsuit stated that while working on various railways, he was constantly exposed to diesel exhaust fumes, strong smells, silica dust particles, chemical compounds and spray paints including black smoke, welding, motor grease, and engine oil. His chest tightened up, his throat was aching and he had difficulties swallowing. He was suffering from bronchitis and allergies, too.
The railroads successfully argued the releases that plaintiff signed in 1996 should bar the new suit as he knew of the risk at the time he was 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 to give him the opportunity to seek medical treatment and determine if his illness was related to his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or other forms of cancer that may be connected to work in the railroad industry, you might be able to file an action under FELA against the corporation who employed you. FELA lawsuits may provide compensation for medical expenses and lost wages, as well as suffering and pain, as well as other damages. Contact an Houston FELA attorney today to discuss your case.
A jury awarded $2.6 million to a former Conrail engineer in the case of occupational diseases after determining the cause of his debilitating asthma. The jury concluded that his exposure to diesel exhaust fumes was almost constant while crewing locomotives in rail yards. The lawyers representing the plaintiffs claimed that railroads failed to protect themselves from exposure by not providing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals, as well as diesel fumes. In railroad maintenance and construction material, asbestos, benzene and other carcinogens are found. These dangerous materials can lead to many kinds of cancers and serious health conditions including asthma.
If you suffer from asthma that developed due to your job on the railroad or If you are the parent of someone you love who has been diagnosed with cancer that may be connected to the rail industry or a railroad, a Houston FELA lawyer can help you to hold your employer accountable for their negligence. By contacting an experienced lawyer as soon as you can to maximize your chances of receiving the financial compensation you deserve for your suffering and losses.