Railroad Lawsuits and Asthma
Rail workers are frequently exposed to harmful fumes and chemicals like silica and asbestos. These exposures can trigger respiratory disorders like asthma.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can be of assistance. Read on for some examples of verdicts and settlements.
Diesel Exhaust
Since trains operate on diesel fuel, railroad employees are exposed to a variety of diesel fumes through the day. These fumes are a mixture of soot particles and toxic chemicals. Exposure to these fumes may cause asthma and other lung diseases.
Railroads have been aware about the dangers of exposure to diesel exhaust for years. Many companies have not taken appropriate measures to safeguard their workers. Some railroad workers have developed respiratory diseases that are debilitating.
Excessive exposure to diesel fumes when coupled with other workplace hazards such asbestos, creosote or silica can cause life-altering lung diseases, like asthma. These symptoms could prevent railroad workers from returning to their work, and can even impact their quality of life.
In one instance the attorneys of our firm successfully defended a FELA claim made by a former locomotive engineer who claimed to have contracted leukemia and other cancers due to the exposure to diesel fumes and other toxic chemicals while working on railway equipment. The court granted summary judgment for the defendant railroads. The court ruled that Plaintiff did not conduct an adequate search for information regarding his illness when it was discovered and his claims are barred by time.
Dust
Railroad workers are frequently 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 a person's health and contribute to respiratory illness, such as asthma.
Our FELA attorney has helped many people seek compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain ailments to make their employers accountable for failing to protect workers from hazardous work environments.
For instance, a Montana jury gave $3.7 million to a former locomotive engineer who was diagnosed with pulmonary fibrosis, which is a progressive lung disease that is caused due to scarring of lung tissue. In his FELA claim, the defendant claimed that inhaling diesel fumes hundreds if no thousands of times contributed to the onset and the progression of his lung condition. The testimony of the defense experts did not convince jurors that the engineer's lung disease was due to a different reason.
In the same way, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Every time a train goes through the Gorge, it pollutes sensitive habitats for wildlife and plants, tributary streams, wetlands, and the Columbia River with coal dust and other debris. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge as well as other places.
Asbestos
Rail workers have been exposed to dangerous chemicals for a long time. While asbestos has been largely eliminated from the workplace, other harmful substances remain. Chemical solvents, for instance, have been known to cause asthma and other respiratory ailments. This is the reason railroad workers can file lawsuits in order to recover damages from the companies that hired them.
In one case the jury determined that a 61-year old locomotive engineer was suffering from diesel asthma because of his railroad work. This illness forced him to take medical leave, which resulted in loss of wages. He also had two back surgeries, including the multilevel lumbar spine fuse. All of this added up to substantial medical expenses.
He said the air he breathed was constantly contaminated with diesel exhaust fumes and strong smells. He also said his body was constantly exposed silica particles as well as chemical compounds, spray paints and black smoke. His chest tightened, his throat hurt and he experienced difficulty swallowing. He also suffered from allergies and chronic bronchitis.
The railroads successfully argued the plaintiff's 1996 release should bar his lawsuit since they knew of the risk when exposed to asbestos. Hughes Law Offices argued that the statute should be tolled until the plaintiff is diagnosed with cancer in order to give him time to seek medical care and determine if his illness is connected to his job.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases, or other types of cancer that could be caused by working in the railroad industry, you could have the right to file a lawsuit under FELA against the company that employed you. FELA lawsuits may provide compensation for medical expenses, lost wages and pain and suffering. Contact a Houston FELA lawyer today to discuss your case.
A jury awarded $2.6 million to a former Conrail engineer in his occupational disease trial after determining what caused his debilitating asthma. The jury determined that his exposure to exhaust fumes from diesel engines was almost every day while working in rail yards. The plaintiffs' lawyers argued that railroads failed to prevent exposure to diesel exhaust by not installing adequate ventilation in the cabs of locomotives.
union pacific railroad lawsuits are exposed to toxic chemicals, as well as diesel fumes. In the construction and maintenance of railroad materials asbestos, benzene, and other carcinogens are found. These hazardous materials can lead to many kinds of cancers, as well as serious health problems, such as asthma.
If you suffer from asthma that developed due to your job on the railroad or in the case of loved ones who have been diagnosed with cancer that may be linked to the rail industry and hiring a Houston FELA lawyer can help you make your employer accountable for their incompetence. By contacting an experienced lawyer as soon as you can you will increase your chances of receiving the financial compensation that you deserve for your suffering and losses.