Railroad Lawsuits and Asthma
Rail workers are frequently exposed to toxic fumes and chemicals like asbestos and silica. These exposures can cause asthma-related respiratory problems.
Fortunately, victims are entitled to compensation under the Federal Employers' Liability Act. A railroad lawsuit asthma attorney can aid. Here are some examples of settlements that have resulted in successful verdicts.
Diesel Exhaust
Since trains operate on diesel fuels, railroad workers are constantly exposed to diesel fumes. These fumes contain a mixture of tiny soot particles gases, and other toxic chemicals that can cause serious health issues. Exposure to these fumes may contribute to asthma and other lung diseases.
Since the beginning of time railroads have become aware of the dangers that come with diesel exhaust. However, many companies have failed to take adequate steps to protect their employees. Certain railroad workers have developed respiratory illnesses that are debilitating.
When combined with other workplace hazards, such as asbestos, silica and creosote, exposure to diesel fumes could lead to the development of life-changing pulmonary diseases, including asthma. These ailments can prevent railroad workers from returning to their work and may reduce the quality of their lives.
In one instance our lawyers successfully defended the FELA claim brought by a former engineer who claimed to have developed leukemia and other cancers due to his exposure to diesel fumes and other toxic chemicals while working on railway equipment. The court ruled in favor of summary judgment for the railroads that were defendants. The court ruled that Plaintiff had not made a reasonable search for information regarding his illness at the time the diagnosis was made and that his claims are barred by time.
Dust
Rail workers are exposed to a variety of dusts, including silica from ballasts and coal dust. They can also be exposed to petroleum or chemical fuels. These toxic substances can cause harm to one's health and contribute to respiratory illnesses, like asthma.
Our FELA lawyer has assisted many people claim compensation for their exposure. FELA permits workers suffering from certain diseases to hold their employers accountable for not protecting them from unsafe workplaces.
A Montana jury, for example it awarded $3.7 Million to a former locomotive engineer who suffered from pulmonary fibroidsis. It is a progressive lung condition that is caused by scarring of the lung tissue. The defendant's FELA claim alleged that the inhalation of diesel exhaust on a number of, if not thousands, of occasions led to the development of his lung disease. The testimony of the defense experts could not convince jurors that the locomotive engineer's lung disease was due to some other cause.
In the same way, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Every time a train traverses the Gorge it pollutes habitats that are sensitive for plants and wildlife, such as wetlands, tributary rivers and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other areas.
Asbestos
Rail workers have been exposed chemicals for a long period of time. Other toxic substances remain in the workplace, even when asbestos has been removed. Chemical solvents are known to cause asthma and respiratory illnesses. This is why railroad workers are able to file lawsuits seeking damages from the companies that employed them.
In one instance one case, a 61-year-old engineer in the field of locomotives was awarded $2.6 million after a jury's verdict determined that his work on the railroad made him suffer from diesel asthma. The condition caused him to be on medical leave and to lose his wages. He also had two back surgeries, including a multilevel lumbar spine fusion. All of this amounted to significant medical expenses.
He said he was constantly exposed to diesel exhaust fumes as well as strong smells. Scleroderma lawsuit stated that his body was constantly exposed silica particles and chemical compounds, as well as spray paints, and black smoke. His chest tightened up, his throat was aching and he had trouble swallowing. He suffered from bronchitis and allergies as well.
The railroads prevailed in arguing that the release of the plaintiff in 1996 should be a bar to his lawsuit since they knew of the risk being 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 to seek medical treatment and determine if the illness was related to his employment.
Poor Ventilation
If you or someone near you has been diagnosed with mesothelioma, lung disease or any other type of cancer that may be related to your employment in the railroad industry, you may be able to bring an FELA lawsuit against the company which employed you. FELA lawsuits may provide compensation for medical expenses, lost wages, and pain and suffering. Contact a Houston FELA attorney today to discuss your case.
A jury handed down $2.6 million to a former Conrail engineer in his occupational disease trial after determining the root of his chronic asthma. The jury concluded that his exposure to diesel exhaust fumes was every day while working in rail yards. The lawyers for the plaintiffs argued that railroads did not prevent exposure by not installing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals, as well as diesel fumes. Asbestos and benzene as well as other carcinogens are frequently found in railroad maintenance and construction materials. These toxic materials can cause a variety of 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 if you suffer from asthma because of your railway work, or someone you love has been diagnosed with a cancer that is linked to the rail industry. If you contact an experienced attorney as soon as possible you will have the best chances of obtaining the financial compensation that you are entitled to for your pain and losses.