Be On The Lookout For: How Railroad Lawsuit Mds Is Taking Over And What We Can Do About It
Railroad Lawsuits and Asthma
Railroad workers often are exposed to fumes and toxic chemicals like silica, creosote asbestos, and creosote. The exposures could cause respiratory illnesses like asthma.
Fortunately, victims are eligible for compensation under the Federal Employers' Liability Act. A reputable railroad lawsuit asthma lawyer can help. Check out the following examples of verdicts and settlements.
Diesel Exhaust
Because trains are powered by diesel fuels railroad employees are exposed all day to diesel fumes. These fumes comprise a mix of tiny particles of soot, gases and other toxic chemicals that can cause serious health problems. The exposure to these fumes can contribute to asthma and other lung illnesses.
Since the beginning of time railroads have been conscious of the dangers posed by diesel exhaust. Many companies have not taken the proper precautions to protect their workers. Certain railroad workers have developed respiratory illnesses that are debilitating.
Exposure to diesel fumes when combined with other workplace hazards such asbestos, creosote and even silica can cause life-altering lung diseases, including asthma. These conditions can prevent railroad workers from returning to their jobs and could impact the quality of their lives.
In one case that our lawyers were able to defend, they successfully a FELA claim brought by a former locomotive engineer who claimed to have contracted leukemia and other cancers due to his exposure to diesel fumes as well as other toxic chemicals when working on railway equipment. The judge granted summary judgment to the railroads in question, deciding that Plaintiff did not make a reasonably diligent search for information about his condition at the time of diagnosis, and that his claims were not time-barred.
Dust
Rail workers are exposed to different dusts, including silica from ballast and coal dust. They can also be exposed to petroleum or chemical fuels. These toxic substances can be harmful to a person's health and contribute to respiratory ailments, such as asthma.
Our FELA lawyer has helped many people seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with a specific illness to hold their employers accountable for failing to protect workers from hazardous work environments.
For example an Montana jury awarded $3.7 million to a former locomotive engineer who was suffering from pulmonary fibrosis, which is a progressive lung disease that is caused by scarring of the lung tissue. In his FELA claim, he claimed that inhaling diesel fumes hundreds or even thousands of times contributed to the onset and development of his lung disease. The testimony of the experts for the defense did not convince jurors that the engineer's lung disease was due to another reason.
Similarly, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train crosses the Gorge it pollutes sensitive habitats for wildlife and plants, and tributary rivers, and the Columbia River. BNSF has agreed to stop transporting coal in the Gorge and other areas.
Asbestos
Rail workers have been exposed chemicals for a lengthy period. Other toxic materials remain in the workplace even after asbestos has been removed. Chemical solvents are known to cause respiratory illnesses and asthma. This is the reason railroad employees could file lawsuits to recover damages from the companies that hired them.
In one case one case, a 61-year-old locomotive engineer received $2.6 million after a jury's verdict revealed that his work on the railroad caused him to suffer from diesel asthma. The condition forced him to take medical leave, which resulted in loss of wages. He also underwent two back surgeries including a multilevel lumbar spine fusion. All of this added up to substantial medical expenses.
He stated that he was constantly exposed to diesel exhaust fumes and strong smells. He also stated that the environment was constantly exposed to silica particles chemical compounds, spray paints and black smoke. His chest tense and his throat hurt. He also had difficulty swallowing. He was suffering from bronchitis and allergies as well.
Railroads successfully argued that the release of the plaintiff from 1996 should block the new lawsuit as he knew about the risk when he was exposed asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be tolled until the plaintiff was diagnosed with cancer to give him the chance to seek medical care and determine if his illness was related to his work.
railroad workers cancer lawsuit
If you or someone you love has been diagnosed with lung cancer or lung diseases, mesothelioma, or other types of cancers that could be connected to work in the railroad industry, you may be entitled to file a lawsuit under FELA against the corporation which employed you. FELA lawsuits could award compensation for medical expenses, lost wages, and pain and suffering. Contact a Houston FELA lawyer today to discuss your case.
A jury gave $2.6 million to an ex- Conrail engineer in the course of his occupational disease trial after determining the root of his chronic asthma. The jury found that his exposure to diesel exhaust fumes was almost continuous while working with locomotives in rail yards. The plaintiff's lawyers claimed that the railroad was unable to protect against this kind of exposure by not installing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed to toxic chemicals, as well as diesel fumes. In railroad maintenance and construction material asbestos, benzene, and other carcinogens may be discovered. Sadly, these dangerous materials can trigger a myriad of diseases and health issues, including pulmonary diseases like 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 railway work, or if someone you love has been diagnosed with a cancer that may be linked to the rail industry. Contacting a skilled attorney right away will help you maximize your chances of receiving the financial compensation you're entitled to for your loss and suffering.