The Next Big Trend In The Railroad Settlement Kidney Cancer Industry
FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on the job can lead to pulmonary illnesses, such as asthma. A seasoned FELA lawyer can help you submit a claim for occupational illness against your railroad company.
Two former railroad workers claim they've lost their jobs because of debilitating breathing issues. The lawsuits claim that the years spent as locomotive engineers exposed them such as diesel and gasoline exhaust silica dust particles, paint sprays, chemical compounds and.
FELA
Although most injured workers can 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 corporations are accountable for occupational illnesses such as mesothelioma and lung cancer. As opposed to workers' compensation claims, FELA lawsuits are fault-based, meaning the railroad worker has to prove the negligence of the employer was at least some role in causing the injury and resulting damages. This burden of evidence creates FELA lawsuits contentious. Consequently, railroad companies try to limit their liability whenever possible.
FELA covers all railway employees employed by common carriers in interstate commerce, including locomotive engineers, conductors yardmasters, signal keepers trackmen/maintenance, bridge and building workers, welding technicians and electricians. Exceptions are made for localized independent railroads which do not use their tracks to transport goods over long distances.
A skilled FELA lawyer is required to assist a railroad employee to file a successful lawsuit and hold the company responsible for their injuries. Benzene Lawyers has extensive experience in this area of law and is familiar with the complex issues that are involved. For a free consultation, contact us at 1-800-BENZENE today.
Work-related Diseases
A person can develop a disease because of the exposure of work-related workers to toxic substances. These diseases are known as occupational conditions or toxic lung disorders. These conditions are often difficult to detect due to the fact that the signs of many lung diseases do not show up until long after a person has begun their job. This is due the long latency period associated with many toxins.
To qualify as cancer settlements , a disease must develop during the course of work and the link between exposures at work and the illness needs to be established through medical research. It is crucial to seek legal advice immediately if you suspect that you've contracted a disease or illness because of your railroad job.
Some workplace-related illnesses are benzene lung cancer, fibrosis chronic obstructive respiratory disease (COPD) hypersensitivity pneumonitis and chronic obstructive airway diseases. Inhalation of gases and vapors fumes and dusts as well smoking cigarettes can cause these ailments. The symptoms of these diseases are different depending on the type of toxin used and the size of the particles inhaled.
Workers can also experience injuries to their muscles due to the physical nature of their job. These injuries are referred to as repetitive stress injuries and they can cause pain or weakness in various parts. Rail workers, for example are often afflicted with lateral epicondylitis or tennis elbow. This injury can cause tearing of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is used by the majority of locomotives, which means that railroad workers are regularly exposed to diesel fumes. Because diesel exhaust is full of pollutants, including particulate matter, volatile organic compounds and toxic metals, exposure over a long period can cause a wide range of medical issues including asthma.
The toxins in diesel exhaust can be even more harmful to people who smoke, which is the reason smokers are at greater risk of lung diseases like COPD. Studies on diesel exhaust have also revealed that the pollution is an increased risk factor for developing cancer, specifically leukemia and non-Hodgkin's lymphoma.
For decades, locomotives would be running continuously at train yards, dumping a great deal of diesel exhaust into communities near the railroad. Diesel exhaust is especially hazardous for the majority of working-class or minorities neighborhoods that are near these rail yards.
The benzene in diesel exhaust and fuel has been associated with leukemia in certain individuals, which is why railroads must be cautious to limit the effects of these chemicals on their properties and make sure that their employees are properly trained on appropriate safety procedures. A local congressman recently asked Metrolink, a commuter rail railway located in Los Angeles, CA, to conduct a risk assessment of the diesel exhaust released into the predominantly working-class neighborhoods around its maintenance yard.
Asthma
When long-term exposure to diesel exhaust leads to asthma or other respiratory disorders or bronchitis, former and current railroad employees could be eligible for an action against their employer. A successful FELA claim may allow for compensation for the physical, financial and emotional impacts of a work-related pulmonary condition.
Asthma can cause a variety of symptoms, such as coughing, wheezing, chest tightness and shortness of breath. It can also make everyday activities difficult. In more serious cases, asthma could result in a person being admitted to hospital due to respiratory failure.
It is the responsibility of railroads to ensure that their workers are safe and healthy. This includes ensuring that the locomotive cabs are well ventilated, and fitted with appropriate safety gear, and minimizing worker's exposure to harmful fumes. Failure to comply with this can cause occupational health issues such as asthma, pulmonary problems and respiratory illnesses.
If you have a moderate, severe, or mild asthma problem that is the result of your time working on the railroad, discuss your case with an experienced 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 lawsuit could award an amount of money to compensate for the negative impact your illness has affected your career and daily life.