Railroad Lawsuits and Asthma
Railroad workers often are exposed to fumes and toxic chemicals such as creosote, silica, and asbestos. These exposures can trigger respiratory diseases like asthma.
Fortunately, victims are able to recover compensation under the Federal Employers' Liability Act (FELA). A good railroad lawsuit asthma lawyer will help. Here are a few examples of successful settlements and verdicts.
union pacific railroad lawsuit
Since trains run on diesel fuels, railroad workers are constantly exposed to diesel fumes. These fumes comprise a mix of tiny soot particles gases and other toxic chemicals that could cause serious health issues. The exposure to these fumes can cause asthma and other lung illnesses.
Since decades railroads have become aware of the dangers that come with diesel exhaust. Many companies haven't implemented adequate safeguards to protect their workers. Some railroad workers have developed respiratory illnesses that can be debilitating.
In Leukemia lawsuit with other workplace hazards like asbestos, silica and creosote exposure to diesel fumes can result in the development of life-threatening pulmonary diseases, including asthma. These ailments can prevent railroad workers from returning to work and could impact the quality of their lives.
In cancer lawsuit in defending a FELA lawsuit asserted by a locomotive engineer who claimed he contracted leukemia, and other cancers as a result of exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court granted summary judgement for the defendant railroads. The court ruled that Plaintiff had not made a reasonable search for information regarding his condition at the time it was discovered and his claims are time-barred.
union pacific railroad lawsuit are exposed to various dusts, including silica dust from ballasts as well as coal dust. They can also be exposed to petroleum or chemical fuels. These harmful substances can cause harm to one's health and contribute to respiratory illnesses, like asthma.
Our FELA attorney has helped many people pursue compensation for their exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain illnesses to claim their employers are accountable for failing to safeguard them from unsafe work environments.
For instance for instance, a Montana jury handed down $3.7 million to a former locomotive engineer who was suffering from pulmonary fibrosis, which is a progressive lung disease 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 failed to convince jurors that the locomotive engineer's lung disease was caused by another cause.
Similar to this, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Every time a train passes through the Gorge, it pollutes sensitive habitats for wildlife and plants, the wetlands, tributary streams and the Columbia River with coal dust and other debris. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Railroad workers have long been exposed to hazardous chemicals. Other toxic materials remain in the workplace, even when asbestos has been removed. Chemical solvents, for instance are identified as causing asthma and other respiratory illnesses. Railroad employees may sue their employers to get compensation for their losses.
In one case the 61-year-old engineer for the locomotive received $2.6 million after a jury's verdict revealed that his work on the railroad made him suffer from diesel asthma. This illness caused him to be on medical leave and lost wages. He also had two back surgeries, including the multilevel lumbar spine fuse. All of this added up to huge medical expenses.
He said the air he breathed was constantly contaminated with diesel exhaust fumes and strong odors. He also stated that he was constantly exposed to silica particles as well as chemical compounds, spray paints and black smoke. His chest tightened up, his throat ached, and he was having difficulties swallowing. He also suffered from chronic allergies and bronchitis.
The railroads successfully argued the release of the plaintiff from 1996 should block his lawsuit since he was aware of the dangers of exposure to asbestos. Hughes Law Offices also argued that the statute of limitations should be extended until the plaintiff was diagnosed with cancer to give him the chance to seek medical attention and determine if his condition was related to his employment.
Poor Ventilation
If you or someone near you has been diagnosed with lung disease, mesothelioma or any other cancer that may be connected to your work in the field of railroads, you might be able to start an FELA lawsuit against the company which employed you. FELA lawsuits can provide compensation for medical expenses and lost wages, as well as suffering and pain and other damages. Contact an Houston FELA lawyer today to discuss your case.
A jury has awarded an ex- Conrail engineer $2.6 million in the course of his occupational illness trial after finding that the retiree's debilitating asthma was caused by his frequent exposure to diesel exhaust fumes as he working on rail yards to work with locomotives. The lawyers for the plaintiff argued that the railroad failed to prevent this kind of exposure through the lack of proper ventilation in the locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they also frequently come into contact toxic chemicals and other harmful substances in their jobs. Asbestos, benzene and other carcinogens are frequently found in railroad maintenance and construction materials. These harmful materials can cause various kinds of cancers as well as serious health conditions including asthma.
A Houston FELA attorney can help you make an employer accountable for their negligence if you suffer from asthma as a result of your railroad work, or your loved ones have been diagnosed with a cancer that may be related to rail industry. Contacting a skilled attorney right away can increase your chances of obtaining the financial compensation you are entitled to for your losses and suffering.