Railroad Lawsuits and Asthma
Rail workers are often exposed to toxic fumes and chemicals like silica and asbestos. These exposures may lead to asthma-related respiratory problems.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). A good railroad lawsuit asthma lawyer can aid. Check out the following examples of successful verdicts and settlements.
Diesel Exhaust
Since trains operate on diesel fuels, railroad workers are constantly exposed 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 a long time. However many companies have not taken sufficient steps to safeguard their employees. Railroad workers have been diagnosed with respiratory diseases that are debilitating.
In railroad cancer lawsuit with other workplace hazards, like asbestos, silica and creosote exposure to diesel fumes can cause the development of life-changing pulmonary illnesses, such as asthma. These symptoms can prevent railroad workers from returning to work, and could even affect their quality of life.
In one instance that our lawyers were able to defend, they successfully the FELA claim brought by a former engineer who claimed that he had developed leukemia and other cancers as a result of his exposure to diesel fumes as well as other toxic chemicals when working on railway equipment. The court granted summary judgment for the railroads that were defendants, and ruled that Plaintiff did not conduct an intelligent search for information regarding his illness at the time of diagnosis and that his claims were time-barred.
Dust
Railroad workers are frequently exposed to various kinds of dust, including silica from coal dust, ballast and chemical or petroleum fuels. These toxic substances pose a threat to health and can cause respiratory diseases like asthma.
Our FELA attorney has assisted many people pursue compensation for their exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain diseases to make their employers accountable for not protecting workers from hazardous work environments.
For instance an Montana jury gave $3.7 million to a former engineer of the locomotive who was diagnosed with the condition known as pulmonary fibrosis. It is a progressive lung disease that is caused by scarring of lung tissue. In his FELA claim, the defendant claimed that inhaling diesel fumes hundreds if no thousands of times contributed to the development and progress of his lung disease. The testimony of defense experts did not convince jurors that the locomotive engineer’s lung disease was caused by some other cause.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Each time a train passes the Gorge it pollutes sensitive habitats for wildlife and plants, wetlands, tributary rivers, and the Columbia River. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Rail workers have been exposed to hazardous chemical substances for a long time. While asbestos has been eliminated from the workplace, other harmful substances are still. Chemical solvents, for instance are identified as causing asthma and other respiratory ailments. Railroad workers are able to sue their employers to obtain compensation.
In one case in one case, a 61-year old engineer in the field of locomotives was awarded $2.6 million after a jury's verdict revealed that his work on the railroad caused him to suffer from diesel asthma. This condition forced him take medical leave, which resulted in lost earnings. He also had two back surgeries including the multilevel lumbar spine fuse. All of this added up to significant medical costs.
He stated that while working on various railways, he was exposed to diesel exhaust fumes strong odors silica dust particles chemical compounds and spray paints including black smoke as well as motor grease, welding and engine oil. His chest tense and his throat hurt. He also had trouble swallowing. He also was suffering from allergies and chronic bronchitis.
The railroads successfully argued that releases that plaintiff signed in 1996 should block his lawsuit because they knew about the risk at the time he was exposed asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be extended until the plaintiff was diagnosed with cancer in order to give him the opportunity to seek medical attention and determine if the condition was a result of his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer or lung diseases, mesothelioma or any other form of cancer that could be connected to work in the railroad industry, you might have the right to bring an action under FELA against the company who employed you. FELA lawsuits may award compensation for medical costs and lost wages, as well as pain and suffering, 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 case of occupational illness after determining that the retiree's asthma-related illness was the result of his frequent exposure to diesel exhaust fumes while working with locomotives at rail yards. The plaintiff's lawyers claimed that the railroad failed to stop this type of exposure because they did not install proper ventilation in the cabs of locomotives.
In addition to the diesel fumes railroad workers breathe, they frequently come into contact with toxic chemicals and other harmful substances in their work. In railroad maintenance and construction materials asbestos, benzene, and other carcinogens can be found. These harmful materials can lead to many kinds of cancers, as well as serious health issues, including asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence in the event that you suffer from asthma as a result of your railroad work, or your loved ones have been diagnosed with cancer that may be linked to the rail industry. By contacting a seasoned attorney as soon as possible, you can maximize your chances of getting the financial compensation that you deserve for your suffering and losses.