Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful fumes and chemicals like silica and asbestos. These exposures can lead to pulmonary disorders such as asthma.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). A reputable railroad lawsuit asthma lawyer can help. Find out more about some examples of successful verdicts and settlements.
Diesel Exhaust
Because trains are powered by diesel fuels railroad employees are exposed all day to diesel fumes. These fumes are composed 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 the majority of companies have not taken the necessary steps to protect their employees. This is why some railroad workers have suffered from respiratory ailments that are severe and debilitating.
In conjunction with other workplace hazards like asbestos, silica and creosote exposure to diesel fumes can cause the development of life-changing pulmonary illnesses, such as asthma. Bladder cancer lawsuit can prevent railroad workers from returning back to their work, and could even affect their quality of life.
In one case our attorneys successfully defended the rights of a FELA lawsuit filed by a locomotive engineer who claimed that he had developed leukemia and other types of cancer because of his exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court granted summary judgment in favor of the defendant railroads, ruling that Plaintiff did not conduct an adequate lookup for information regarding his condition at the time of diagnosis, and the claims were time-barred.
Dust
Railroad workers are often exposed to a variety of dust, such as silica from coal dust, ballast, and chemical fuels or petroleum. These toxic substances can be harmful to health and can cause respiratory illnesses such as asthma.
Our FELA attorney has helped a lot of people pursue compensation for their exposure to these substances. FELA allows employees suffering from certain illnesses to hold employers accountable for failing to protect workers from hazardous workplaces.
For example for instance, a Montana jury gave $3.7 million to a former locomotive engineer who was diagnosed with pulmonary fibrosis, a progressive lung disease that is caused due to scarring of lung tissue. His FELA claim claimed 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 defense experts could not convince jurors that the locomotive engineer’s lung disease was caused by a different cause.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Each time a train crosses the Gorge it pollutes habitats that are sensitive for plants and wildlife, the wetlands, tributary rivers and the Columbia River. BNSF has accepted to stop transporting coal in the Gorge and other areas.
cancer lawsuit have long been exposed to hazardous chemicals. Other toxic materials remain in the workplace, even when asbestos has been removed. Chemical solvents have been proven to cause asthma and respiratory ailments. This is the reason railroad employees are able to file lawsuits seeking damages from the companies who employed them.
In one instance, the jury found that a 61-year old locomotive engineer was suffering from diesel asthma due to his railroad work. The illness forced him take medical leave, which resulted in a loss of earnings. He also had to undergo two back surgeries, which included the multi-level lumbar spine fusion that resulted in significant medical expenses.
He admitted that while working at various railways he was continuously exposed to diesel exhaust fumes, strong odors silica dust particles chemicals and spray paints as well as black smoke and motor grease, welding and engine oil. His chest tightened, his throat hurt and he experienced difficulty swallowing. He was suffering from bronchitis and allergies, too.
The railroads won the argument that release of the plaintiff in 1996 should not be barred from his lawsuit since he knew about the risk of exposure to asbestos. Hughes Law Offices also argued that the statute of limitations should be extended until the plaintiff was diagnosed with cancer to give him the chance to seek medical care and determine if his illness was a result of his work.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer or lung diseases, mesothelioma or any other type of cancer that could be related to working in the railroad industry, then you may be able to file a lawsuit under FELA against the company who employed you. FELA lawsuits may provide compensation for medical costs as well as lost wages, suffering and pain, and other damages. Contact a Houston FELA lawyer today to discuss your case.
A jury has awarded a former Conrail engineer $2.6 million in the case of occupational illness after concluding that the retiree's asthma-related problems were caused by his frequent exposure to diesel exhaust fumes while working on rail yards to work with locomotives. The plaintiffs' lawyers argued that railroads did not prevent exposure to diesel exhaust fumes by not putting in adequate ventilation in the cabs of locomotives.
Railroad workers are exposed to toxic chemicals and diesel fumes. In railroad maintenance and construction material asbestos, benzene, and other carcinogens are discovered. Unfortunately, these hazardous materials can cause many different cancers and other serious health issues, including pulmonary disorders such as asthma.
A Houston FELA attorney can help you hold an employer accountable for their negligence when you suffer from asthma as a result of your railway work, or if someone close to you has been diagnosed with cancer that may be related to the railroad industry. Engaging cancer lawsuits as soon as possible will increase your chances of obtaining the financial compensation you are entitled to for your losses and suffering.