Railroad Lawsuits and Asthma
Railroad workers often are exposed to toxic fumes and chemicals such as creosote, silica asbestos, and creosote. These exposures may lead to respiratory illnesses like asthma.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). An asthma attorney for railroad lawsuits can aid. Take a look at these examples of successful verdicts and settlements.
Diesel Exhaust
Since trains are powered by diesel fuel, most railroad employees are exposed to a range of diesel fumes throughout the day. The fumes consist of soot particles and toxic chemicals. Exposure to these fumes may contribute to asthma and other lung illnesses.
Since decades railroads have become aware of the risks associated with diesel exhaust. However numerous companies have not taken adequate steps to protect their employees. In the end, a few railroad workers have been diagnosed with respiratory illnesses that are a major cause of death.
Exposure to diesel fumes, when coupled with other workplace hazards such asbestos, creosote and silica can trigger life-altering lung diseases, such as asthma. These conditions can hinder railroad workers from returning to their work, and can even impact their quality of life.
In union pacific railroad lawsuit in defending an FELA lawsuit brought by an engineer for locomotives who claimed he contracted leukemia and other types of cancer due to exposure to toxic chemicals and diesel fumes when working on railroad equipment. The court granted summary judgment in favor of the railroad defendants, deciding that Plaintiff did not conduct an adequate search for information regarding his condition at the time of diagnosis and that his claims were not time-barred.
Dust
Rail workers are exposed to various dusts, like silica from ballast and coal dust. They may also be exposed to petroleum or chemical fuels. These harmful substances can cause harm to one's health and can cause respiratory illness, such as asthma.
Our FELA attorney has helped a lot of people seek compensation for their exposure to these substances. FELA allows workers with certain diseases to hold their employers accountable for not protecting them from dangers in their workplaces.
For instance, a Montana jury awarded $3.7 million to an engineer from the past who was suffering from pulmonary fibrosis, a progressive lung disease caused by scarring of lung tissue. His FELA claim claimed that breathing diesel exhaust on hundreds or even thousands of occasions contributed to the development of his lung disease. The testimony of defense experts failed to convince jurors that the locomotive engineer’s lung disease was due to some other source.
Similar to this, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Every time a train traverses the Gorge it pollutes the habitats for wildlife and plants, wetlands, tributary rivers, and the Columbia River. BNSF has announced that it will stop bringing coal through the Gorge, and other locations.
Asbestos
Railroad workers have long been exposed to hazardous chemicals. Other toxic substances remain in the workplace even when asbestos has been removed. Chemical solvents, like, have been recognized to cause asthma and other respiratory ailments. Railroad employees can sue their employers to seek 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 verdict found that his work at the railroad caused him to suffer from diesel asthma. The illness led him to be on medical leave and lose his wages. He also underwent two back surgeries including an lumbar spine fusion that was multi-level. All of this added up to substantial medical costs.
He stated that He was exposed to diesel exhaust fumes and strong smells. He also stated that he was exposed to silica particles as well as chemical compounds, spray paints and black smoke. The chest tightened, the throat was aching and he had difficulty swallowing. He also was suffering from allergies and chronic bronchitis.
Railroads successfully argued that the release of the plaintiff in 1996 should be a bar to the new lawsuit as he was aware of the dangers when exposed to 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 allow him the chance to seek medical care and determine if the illness was a result of his work.
Poor Ventilation
If you or someone near you has been diagnosed with mesothelioma, lung disease or another type of cancer that is related to your job in the railroad industry you may be able to start a FELA lawsuit against the company which employed you. FELA lawsuits could award compensation for medical expenses, lost wages and suffering and pain. Contact a Houston FELA attorney today to discuss your case.
A jury gave $2.6 million to a former Conrail engineer in the course of his occupational disease trial after determining the root of the asthma he suffered from. The jury found that his exposure to exhaust fumes from diesel engines was almost continuous while working with locomotives in rail yards. The lawyers representing the plaintiffs claimed that railroads failed in their duty to avoid exposure to diesel exhaust by not installing adequate ventilation in locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they also frequently come into contact toxic chemicals as well as other harmful substances during their jobs. Asbestos, benzene, and other carcinogens are often found in construction and maintenance materials. These dangerous materials can lead to many kinds of cancers, as well as serious health problems, such as asthma.
If you have asthma that is the result of your railway work, or when you have someone you love who has been diagnosed with cancer that could be connected to the rail industry, a Houston FELA lawyer can help you hold your employer accountable for their incompetence. Contacting an experienced attorney immediately will help you maximize your chances of obtaining the financial compensation you're entitled to for your loss and suffering.