Here's An Interesting Fact Concerning Railroad Settlement Kidney Cancer
FELA and Railroad Settlement for Asthma
Asthma and other pulmonary diseases can be caused by diesel fumes in the workplace. An experienced FELA lawyer can help you in filing a claim for occupational disease against your railroad employer.
Two former railroad employees say they have lost their livelihoods due to chronic breathing disorders. Their lawsuits allege that years spent as locomotive engineers exposed them to toxic substances such as diesel and gasoline exhaust silica dust particles, paint sprays, chemical compounds and.
FELA
Railroad employees must, however, file an claim under the Federal Employers Liability Act. FELA has guidelines for recovery that are similar to those for workers' compensation.
Railroad companies must be held accountable when they expose their employees to exposures to toxic substances in the workplace and then trigger occupational diseases such as mesothelioma, fibrosis lung cancer, scleroderma, or other respiratory illnesses. As opposed to workers' compensation claims, FELA lawsuits are fault-based and the railroad worker must prove employer negligence played at least some of the injury and resulting damages. This burden of evidence makes FELA lawsuits a source of contention. In turn, railroads strive to reduce their liability whenever they can.
FELA covers all railway employees employed by common carriers in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance of-way, bridge and building employees, welders, and electricians. Localized independent railroads that don't transport goods long distances are not covered by FELA.
A competent FELA lawyer is essential to help a railroad employee to file a successful lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and know the complexities that arise. Call 1-800-BENZENE for a free consultation.
Work-related Diseases
A person can be diagnosed with a disease because of exposure to toxic substances at work. These conditions are also known as toxic lung disorders or occupational illnesses. The occupational diseases can be difficult to diagnose, as the symptoms of lung disorders generally do not show until some time after an individual starts working. This is due to the lengthy period of latency that is associated with many toxic substances.
Medical research must establish that the illness is the result of exposures to work. This is why it is vital to seek legal advice immediately if you suspect that you've acquired a health issue or disease due to your job at the railroad.
Some workplace-related illnesses include benzene leukemia, fibrosis and oedema of the lung, chronic obstructive respiratory disease (COPD), and hypersensitivity pneumonitis. These diseases are caused by inhalation of vapors, gases, dusts, fumes, and cigarette smoke. The symptoms of these diseases can vary according to the type of toxins and the size of particle that is inhaled.
Workers can also experience injuries to their musculoskeletal system due to the physical nature of their job. These types of injuries are referred to as repetitive stress injuries. They may cause pain and weakness in various parts of the body. For instance, workers on rails frequently suffer from lateral epidondylitis (tennis elbow), an injury that results in the tearing of tendons that are located in the upper arm.
Diesel Exhaust
Almost all locomotives use diesel fuel, which means that the majority of railroad workers are exposed to diesel exhaust on a daily basis. Diesel exhaust can contain a variety of pollutants, including particulate matter and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust may cause a range of health issues which include asthma.
The toxins that are present in diesel exhaust may be more harmful to those who smoke, which is why smokers are more susceptible to the development of lung diseases like COPD. Studies on diesel exhaust have also revealed that the pollution is an important risk factor for the development of cancer, especially leukemia and non-Hodgkin lymphoma.
Over the time locomotives have been operating continuously in train yards, releasing a large amount of diesel exhaust into the communities around railroads. This diesel exhaust is particularly hazardous to the predominantly working-class and minority neighborhoods in which the rail yards are situated.
The benzene content of diesel exhaust and fuel has been associated with leukemia in a few people, and that's why railroads should be vigilant to limit the amount of chemicals that are absorbed into their properties and ensure that their employees are properly trained on proper safety procedures. A congressman from the local area recently asked Metrolink which is a commuter rail railroad located in Los Angeles, CA, to conduct a risk study of the diesel exhaust released into the predominantly working-class areas surrounding its maintenance yard.
Asthma
Former and current railroad workers may be able to claim against their employer if long-term exposure causes pulmonary diseases like asthma. A successful FELA case could result in compensation for the financial, emotional and physical consequences of a work related respiratory disorder.
bladder cancer caused by railroad how to get a settlement can cause a variety of symptoms, such as coughing, wheezing, chest tightness and breathlessness. It can make life activities difficult. In more severe cases of asthma it is possible to be admitted to hospital due to respiratory failure.
Railroad companies have a duty to keep their employees safe and healthy. This means that they must ensure that the locomotive cabs are properly ventilated, using proper safety equipment, and minimizing exposure to harmful fumes. If this is not done, it can cause occupational illnesses such as asthma and pulmonary problems, which can include other respiratory illnesses.
If you suffer from a moderate, severe, or mild asthma attack that is the result of your employment on the railroad, discuss your situation with a seasoned New York railroad settlement asthma lawyer. Your attorney can evaluate the situation and determine if a FELA lawsuit against your employer is the best option for you. A successful FELA claim could provide an amount of money to compensate to compensate for the negative impact of your health condition on your life and career.