FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on the job can lead to pulmonary ailments, such as asthma. An experienced FELA lawyer can assist you to make a claim for occupational diseases against your railroad company.
Two former railroad employees say they've lost their jobs due to chronic breathing ailments. Their lawsuits assert that they suffered from working as locomotive engineers were exposed to toxic substances like diesel and gasoline exhausts, silica particles, chemical compounds and paint sprays.
FELA
Although most injured workers can make a claim for compensation under standard state workers' compensation statutes railroad workers must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovering that are similar to the ones for workers' compensation.
Railroad corporations are accountable when they expose their employees to exposures to toxic substances in the workplace and later cause occupational illnesses like mesothelioma and fibrosis, lung cancer, scleroderma, or other respiratory ailments. In contrast to workers' compensation claims, FELA suits are fault-based. This means that the railroad worker has to prove that the employer was negligent in some way. This heavy burden of proof makes FELA lawsuits controversial. In turn, railroads attempt to minimize their liability as often as possible.
FELA covers all railway employees employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers and signal keepers, trackmen/maintenance bridge and building construction employees electricians, welders, and welders. There are exceptions for localized independent railroads who do not use their tracks to transport goods over long distances.
A skilled FELA attorney is essential to help railroad workers succeed in bringing a lawsuit against the company responsible for their injuries. Benzene Lawyers has extensive experience in this field of law and is well-versed with the complicated issues that are involved. Call 1-800-BENZENE for a no-cost consultation.
Occupational Diseases
A person can develop a disease because of exposure to toxic substances at work. These conditions are also referred to as toxic lung disorders or occupational diseases. The occupational diseases are usually difficult to diagnose since the symptoms of a variety of lung ailments do not surface until long after a person is employed at their job. This is due to the long intervals of latency that are associated with a lot of contaminants.
Medical research must prove that the disease is a result of work-related exposures. It is essential to seek legal advice whenever you suspect that you have acquired a health issue or illness because of your railroad work.
Some workplace-related illnesses are benzene lung cancer, fibrosis chronic obstructive respiratory disease (COPD) as well as hypersensitivity pneumonitis, and chronic obstructive airway diseases. Inhalation of gases and vapors dusts and fumes as well as cigarette smoke can cause these diseases. The symptoms of these illnesses are different depending on the type of toxin and particle size inhaled.
railroad injury settlement amounts may also suffer from musculoskeletal injury because of the physical nature of their job. These injuries are referred to as repetitive stress injuries, and can cause weakness or pain throughout the body. Rail workers, for instance are often afflicted by lateral epicondylitis or tennis elbow. This injury leads to the tear of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is utilized by nearly all locomotives, meaning that railroad workers are exposed daily to diesel fumes. Since diesel exhaust contains a variety of pollutants, including particulate matter, volatile organic compounds and toxic metals, exposure over a long period can lead to a variety of medical conditions, including asthma.
The toxins present in diesel exhaust are more harmful to those who smoke, which is why smokers are more at risk of lung diseases like COPD. The pollution from diesel exhaust is also a risk factor for the development of cancer, especially leukemia and non Hodgkin lymphoma.
For railroad injury settlement amounts , locomotives would operate continuously at train yards, dumping an enormous amount of diesel exhaust into communities near the railroad. Diesel exhaust poses a particular risk for the majority of working-class and minority neighborhoods located near these railroad yards.
The benzene content of diesel fuel and exhaust has been linked to leukemia in some individuals, which is why railroads should be vigilant to limit the effects of these chemicals on their properties and ensure their employees are trained in proper safety procedures. For example a congressman from the area has recently urged commuter rail railroad Metrolink to conduct an assessment of risk for the exhaust from its diesel engine that is released into primarily working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.
Asthma
When exposure to long-term diesel exhaust causes asthma or other respiratory disorders railway employees may be able to file a claim against their employer. A successful FELA claim may allow for compensation for the physical, financial and emotional effects of a pulmonary disease that is caused by work.
Asthma symptoms include wheezing and coughing. They can also cause chest tightness as well as shortness of breath. It can also make everyday activities difficult. In more severe cases, asthma can cause a person to be hospitalized for respiratory failure.
Multiple myeloma settlements is the duty of railroad companies to ensure that their employees are safe and healthy. This includes ensuring that locomotive cabs are properly ventilated, with the proper safety gear, and limiting worker's exposure to harmful fumes. Failure to comply with this can lead to occupational illnesses such as asthma, pulmonary problems and other respiratory diseases.
If you suffer from a mild, moderate or severe asthma condition caused by your time working on the railroad, you should discuss your case with an experienced New York railroad settlement asthma lawyer. Your lawyer can assess the situation and determine whether a FELA lawsuit against your employer is beneficial for you. A successful FELA claim could provide an amount of money to compensate for the negative impact of your condition on your life and career.