7 Easy Tips For Totally Rocking Your Railroad Lawsuit Mds
Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful chemicals and fumes such as asbestos and silica. The exposures could cause respiratory illnesses like asthma.
Fortunately, victims may be entitled to compensation under the Federal Employers' Liability Act. An asthma attorney for railroad lawsuits can be of assistance. Check out the following examples of verdicts and settlements.
Diesel Exhaust
Since trains are powered by diesel fuel, railroad workers are exposed variety of diesel fumes throughout the day. The fumes consist of tiny soot particles gases, and other toxic chemicals that can cause serious health problems. The exposure to these fumes can be a contributing factor to the development of asthma and other pulmonary illnesses.
Since the beginning of time, railroads have been aware of the risks associated with diesel exhaust. Many companies have not taken appropriate measures to safeguard their employees. Some railroad workers have developed respiratory ailments that can be crippling.
The exposure to diesel fumes, when coupled with other workplace hazards such asbestos, creosote and even silica can result in life-altering lung diseases, including asthma. These symptoms could prevent railroad workers from returning back to work, and may even reduce their quality of life.
In one case our attorneys successfully in defending the defense of a FELA lawsuit brought by a locomotive engineer who claimed he contracted leukemia and other types of cancer as a result of his exposure to toxic diesel fumes and toxic chemicals when working on railroad equipment. The court granted summary judgement on behalf of the railroads. The court ruled that Plaintiff did not conduct an adequate search for information regarding his illness when the diagnosis was made and that his claims are not time-barred.
Dust
Rail workers are exposed to different dusts, like silica from ballast and coal dust. They may also be exposed to petroleum or chemical fuels. These harmful substances can be harmful to an individual's health and can cause respiratory ailments, such as asthma.
Our FELA lawyer has helped many people to seek compensation for their exposure. FELA allows employees suffering from certain diseases to hold their employers accountable for failing to protect them from dangerous workplaces.
For instance an Montana jury handed down $3.7 million to a former locomotive engineer who suffered from pulmonary fibrosis, which is a progressive lung disease that is caused by scarring of lung tissue. His FELA claim alleged that inhaling diesel exhaust on hundreds, if not thousands, of occasions led to the development of his lung disease. The testimony of the defense experts did not convince jurors that the locomotive engineer’s lung disease was caused by a different reason.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Every time a train passes through the Gorge it pollutes habitats for wildlife and plants, stream tributary wetlands and the Columbia River with coal dust and other debris. BNSF has accepted to stop transporting coal through the Gorge and in other locations.
Asbestos
Railroad workers have for a long time been exposed to hazardous chemicals. Although asbestos has been largely eliminated from the workplace, a variety of toxic substances are still. Chemical solvents are known to cause respiratory illnesses and asthma. Railroad workers can sue their employers to recover damages.
In one instance in one case, a 61-year old engineer for the locomotive received $2.6 million after a jury's verdict revealed that his work at the railroad caused him to suffer from diesel asthma. The illness led him to be on medical leave and lose his wages. He also underwent two back surgeries including an lumbar spine fusion that was multi-level. All of this added up to huge medical expenses.
He said that while working for various railways he was continuously exposed to diesel exhaust fumes, strong odors, silica dust particles, spray paints and chemical compounds, black smoke as well as welding grease, motor grease and engine oil. His chest tightened and his throat hurt. He also had trouble swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads won the argument that plaintiff's 1996 release should bar his new lawsuit because he was aware of the dangers of exposure to asbestos. Hughes Law Offices also argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer in order to give him the opportunity to seek medical attention and determine if his condition was due to his job.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases, or other types of cancers that could be connected to work in the railroad industry, you might have the right to bring an action under FELA against the company who employed you. FELA lawsuits can provide compensation for medical expenses, lost wages and suffering and pain. Contact a Houston FELA attorney today to discuss your case.
A jury awarded $2.6 million to an ex- Conrail engineer in his occupational disease trial after determining the source of his debilitating asthma. The jury concluded that his exposure to exhaust fumes from diesel engines was almost every day while working in rail yards. cancer lawsuits for the plaintiffs argued that railroads failed to prevent exposure to diesel exhaust fumes by not putting in adequate ventilation in locomotive cabs.
Railroad workers are exposed toxic chemicals, as well as diesel fumes. Asbestos, benzene, as well as other carcinogens are frequently found in construction and maintenance materials. Unfortunately, these hazardous substances can lead to a variety of cancers and serious health conditions, such as pulmonary diseases like asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence when you suffer from asthma resulting from your railway work, or your loved ones have been diagnosed with a cancer that may be related to the railroad industry. By contacting a seasoned lawyer as soon as you can you will increase your chances of getting the financial compensation you deserve for your suffering and losses.