Railroad Lawsuits and Asthma
Rail workers are often exposed to toxic chemicals and fumes such as asbestos and silica. These exposures can lead to respiratory disorders like asthma.
Fortunately, victims may be eligible for compensation under the Federal Employers' Liability Act. A railroad lawsuit asthma attorney can aid. Here are a few examples of settlements that have been successful and verdicts.
Diesel Exhaust
Since trains operate on diesel fuel, a majority of railroad workers are exposed to a variety of diesel fumes throughout the day. These fumes contain a mixture of tiny soot particles, gases, and other toxic chemicals that can cause serious health issues. Exposure to these fumes could be a contributing factor to the development of asthma and other pulmonary illnesses.
Railroads have been aware of the dangers of exposure to diesel exhaust for decades. Many companies haven't 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 like asbestos, creosote and silica can result in life-altering lung diseases, such as asthma. These ailments can prevent railroad workers from returning to work and could impact the quality of their lives.
In one case our attorneys successfully in defending a FELA lawsuit asserted by a locomotive engineer who claimed he was diagnosed with leukemia and other cancers due to his exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court granted summary judgment on behalf of the railroads. It decided that Plaintiff had not made an adequate search for information regarding his illness when it was discovered and the claims he made are time-barred.
Dust
Railroad workers are exposed to various kinds of dust, such as silica from ballast, coal dust, and petroleum or chemical fuels. These toxic substances pose a threat to health and can cause respiratory illnesses like asthma.
railroad class action lawsuit has assisted many people pursue compensation for their exposure to these substances. FELA allows those suffering from certain diseases to hold employers accountable for failing to protect them from dangerous workplaces.
A Montana jury, for instance has awarded $3.7 Million to a former engineer of the railroad who suffered from pulmonary fibroidsis. This is a chronic lung condition caused by scarring in lung tissue. In his FELA claim, he claimed that the inhalation of diesel fumes hundreds, or perhaps thousands of times, contributed to the development and development of his lung disease. Jurors were not persuaded by the defense experts' testimony that the engineer's lung disease must have an unrelated cause.
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, the wetlands, tributary rivers and the Columbia River. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge as well as other places.
Asbestos
Rail workers were exposed to dangerous chemicals for a long period of time. Other toxic substances remain in the workplace even after asbestos has been removed. Chemical solvents have been proven to cause asthma and respiratory ailments. This is why railroad workers could file lawsuits to recover damages from the companies that employed them.
In one case, a 61 year old locomotive engineer received $2.6 million following a jury verdict that found that his work at the railroad made him suffer from diesel asthma. This illness caused him to be placed on medical leave and lose his wages. He also underwent two back surgeries, including a multilevel lumbar spine fusion. All of this amounted to significant medical expenses.
He admitted that while working at various railways he was continuously exposed to diesel exhaust fumes strong odors, silica dust particles, chemical compounds and spray paints and black smoke and welding grease, motor grease and engine oil. His chest tenseened, his 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 his new suit because he knew about the risk when exposed to asbestos. Hughes Law Offices argued that the statute should be enacted until the plaintiff is diagnosed with cancer in order to allow him to seek medical treatment and determine if the illness is connected to his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or any other type of cancers that could be caused by working in the railroad industry, you might have the right to file an action under FELA against the corporation who employed you. FELA lawsuits can provide compensation for medical expenses loss of wages, suffering and pain, and other damages. Contact a Houston FELA lawyer today to discuss your case.
A jury awarded $2.6 million to an ex- Conrail engineer in the course of his occupational disease trial after determining the root of his asthma-related debilitating condition. The jury determined that his exposure to diesel exhaust fumes was nearly every day while working in rail yards. The plaintiffs' lawyers argued that railroads failed in their duty to avoid exposure by not providing adequate ventilation in locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they also frequently come in contact with toxic chemicals and other harmful substances in their job. Asbestos, benzene and other carcinogens are commonly found in construction and maintenance materials. These harmful substances can cause many types of cancers and serious health conditions including asthma.
If you have asthma that arose due to your railway work, or in the case of family members who have been diagnosed with cancer that may be connected to the rail industry or a railroad, you should consult a Houston FELA lawyer can help you hold your employer accountable for their incompetence. Contacting a skilled attorney right away will help you maximize your chances of receiving the financial compensation you deserve for your losses and suffering.