10 Factors To Know To Know Railroad Lawsuit Mds You Didn't Learn At School
Railroad Lawsuits and Asthma
Railroad workers are often exposed to fumes and toxic chemicals like silica, creosote, and asbestos. These exposures can lead to respiratory diseases like asthma.
Fortunately, victims could be eligible for compensation under the Federal Employers' Liability Act. A reputable railroad lawsuit asthma lawyer can aid. Find out more about some examples of verdicts that have been successful and settlements.
Diesel Exhaust
Because trains are powered by diesel fuels railroad workers are exposed all day to diesel fumes. The fumes consist of tiny soot particles, gases and other toxic chemicals that can cause serious health problems. Exposure to these fumes could cause the development of asthma and other pulmonary diseases.
Railroads have been aware of dangers of exposure to diesel exhaust for decades. Many companies haven't implemented adequate safeguards to protect their employees. This is why some railroad workers have developed debilitating respiratory illnesses.
When combined with other workplace hazards like asbestos, silica, and creosote exposure to diesel fumes could cause the development of life-threatening pulmonary illnesses, such as asthma. These symptoms can often prevent railroad workers from returning to work and may reduce the quality of their lives.
In one instance, our lawyers successfully defended a FELA lawsuit asserted by an engineer on the locomotive who claimed that he developed leukemia and other cancers as a result of exposure to toxic diesel fumes and toxic chemicals when working on railroad equipment. The court granted summary judgement for the railroads in question, deciding that Plaintiff did not make a reasonably diligent research into the details of his condition at the time of diagnosis and that his claims were time-barred.
Dust
Rail workers are exposed to various dusts, such as silica dust 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 illnesses, like asthma.
Our FELA attorney has assisted many people seek compensation for exposure to these substances. FELA allows workers with certain illnesses to hold employers accountable for not protecting them from dangers in their workplaces.
A Montana jury, for example has awarded $3.7 Million to a former engineer of the railroad who was suffering from pulmonary fibroidsis, a progressive lung condition that is caused by scarring in the lung tissue. His FELA claim alleged that inhaling diesel exhaust on hundreds, if not thousands, of occasions contributed to the development of his lung disease. Jurors were not persuaded by the defense experts' testimony that the engineer's lung condition could have a different source.
Similar to that, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train travels through the Gorge it pollutes habitats for wildlife and plants, the wetlands, tributary streams and the Columbia River with coal dust and other debris. BNSF has accepted to stop transporting coal through the Gorge, and other locations.
Asbestos
Railroad workers have long been exposed to dangerous chemicals. While asbestos has been removed from the workplace, other toxic substances are still. Chemical solvents can cause asthma and respiratory illness. This is the reason railroad workers may file lawsuits to recover damages from the companies that hired them.
In one instance in one case, a 61-year old engineer in the field of locomotives was awarded $2.6 million after a jury verdict found that his job at the railroad caused him to suffer from diesel asthma. This illness caused him to be on medical leave and lose wages. He also had two back surgeries including the multilevel lumbar spine fuse. All of this added up to substantial medical expenses.
He admitted that while working at different railways he was exposed to exhaust fumes from diesel engines, strong odors, silica dust particles, chemicals and spray paints and black smoke and welding, motor grease, and engine oil. His chest tightened and his throat hurt. He also had difficulty swallowing. He was suffering from bronchitis and allergies too.
The railroads successfully argued that releases signed by the plaintiff in 1996 should not bar his new suit since he was aware of the danger at the time he was exposed asbestos. Hughes Law Offices argued that the statute should be tolled until the plaintiff is diagnosed with cancer to give him time to seek medical treatment and determine if the illness is connected to his work.
Poor Ventilation
If you or someone close to you has been diagnosed with lung disease, mesothelioma or any other type of cancer that may be connected to your job in the field of railroads, you could be eligible to start an FELA lawsuit against the company which employed you. union pacific railroad lawsuit could award compensation for medical expenses, lost wages, and suffering and pain. Contact Bladder cancer lawsuit to discuss your case.
A jury awarded a former Conrail engineer $2.6 million in his occupational health trial after concluding that the retiree's asthma-related problems were caused by his nearly constant exposure to diesel exhaust fumes as he working with locomotives at rail yards. The plaintiff's lawyers argued that the railroad was unable to stop this kind of exposure by not putting in proper ventilation in the locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they often come into contact with toxic chemicals and other harmful substances while doing their job. In cancer lawsuits and construction material asbestos, benzene, and other carcinogens can be discovered. Sadly, these dangerous materials can trigger a myriad of cancers and other serious health conditions, such as pulmonary diseases such as asthma.
A Houston FELA attorney can help you hold an employer accountable for their negligence If you suffer from asthma due to your railway work, or if someone you love has been diagnosed with cancer that may be related to the railroad industry. By contacting an experienced attorney as soon as possible to maximize your chances of getting the financial compensation that you are entitled to for your pain and losses.