Railroad Lawsuits and Asthma
Railroad workers are frequently exposed to toxic fumes and chemicals like creosote, silica, and asbestos. These exposures may lead to asthma-related respiratory problems.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). railroad lawsuit settlements for railroad lawsuits can assist. Here are some examples of settlements and verdicts.
Diesel Exhaust
Since trains run on diesel fuel, railroad employees are exposed to a variety of diesel fumes through the day. The fumes consist of soot particles as well as toxic chemicals. Exposure to these fumes can cause asthma and other lung illnesses.
Railroads have been aware of dangers of exposure to diesel exhaust for decades. However the majority of companies have not taken adequate steps to protect their employees. As a result, some railroad workers have been diagnosed with debilitating respiratory illnesses.
Excessive exposure to diesel fumes when combined with other workplace hazards like asbestos, creosote and even silica can trigger life-altering lung conditions, such as asthma. These conditions often hinder railroad workers from returning to their jobs and could impact the quality of their lives.
In one instance the attorneys of our firm successfully defended 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 court granted summary judgment for the defendant railroads. It ruled that Plaintiff had not made an appropriate search for information about his condition when the diagnosis was made and that the claims he made are time-barred.
Dust
Railroad workers are frequently exposed to various types of dust, including silica from coal dust, ballast and chemical fuels or petroleum. These toxic substances are harmful to health and can trigger respiratory illnesses such as asthma.
Our FELA lawyer has helped a lot of people claim compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain ailments to make their employers accountable for their failure to protect them from dangerous work environments.
A Montana jury, for instance has awarded $3.7 Million to a former locomotive engineer who suffered from pulmonary fibroidsis, a lung condition that progresses due to scarring of the lung tissue. The defendant's FELA claim claimed that the inhalation of diesel exhaust on a number of or even thousands of occasions led to the development of his lung disease. The testimony of defense experts could not convince jurors that locomotive engineer's lung disease was due to another cause.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against 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 debris. BNSF has announced that it will stop bringing coal in the Gorge, and other locations.
Asbestos
Railroad workers have been exposed to hazardous chemicals. Other toxic substances remain in the workplace even although asbestos has been removed. Chemical solvents are known to cause asthma and respiratory illness. Railroad workers are able to sue their employers to recover damages.
In one instance the jury ruled that a 61-year old locomotive engineer was suffering from asthma caused by diesel due to his work on railroads. This condition forced him take medical leave, resulting in the loss of earnings. He also underwent two back surgeries including the multilevel lumbar spine fuse. All of this amounted to significant medical costs.
He stated that he was constantly exposed to diesel exhaust fumes as well as strong smells. He also stated that he was constantly exposed to silica particles chemical compounds, spray paints, and black smoke. The chest tightened, the throat ached, and he was having difficulties swallowing. He also suffered from chronic allergies and bronchitis.
The railroads won the argument that release of the plaintiff in 1996 should not be barred from his new lawsuit because he knew the risk being exposed to asbestos. Hughes Law Offices argued that the statute should be tolled up until the plaintiff is diagnosed with cancer in order to allow him to seek medical treatment and determine if the disease is linked to his work.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer, lung diseases, mesothelioma, or other types of cancers that could be linked to working in the railroad industry, you could have the right to bring a lawsuit under FELA against the corporation who employed you. FELA lawsuits can provide compensation for medical expenses, lost wages and pain and suffering. 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 his chronic asthma. 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 to protect themselves from exposure by not providing adequate ventilation in locomotive cabs.
Railroad workers are exposed toxic chemicals, as well as diesel fumes. In railroad maintenance and construction materials asbestos, benzene, and other carcinogens can be found. These harmful materials can cause a variety of kinds of cancers and serious health conditions including asthma.
If you suffer from asthma that is the result of your working on the railroad, or in the case of someone you love who has been diagnosed with cancer that may be linked to the rail industry in any way, a Houston FELA lawyer can help you hold your employer accountable for their incompetence. A professional attorney you can trust will help you maximize your chances of receiving the financial compensation you deserve for your losses and suffering.