FELA and Railroad Settlement for Asthma
Asthma, along with other lung diseases, can be caused by diesel fumes at the workplace. A FELA lawyer with expertise will assist you in filing a claim for occupational disease against your railroad company.
Two former railroad workers claim to have lost their livelihoods due to chronic respiratory ailments. The lawsuits claim that the years spent working as locomotive engineers exposed them to toxins such as diesel and gasoline exhaust silica dust particles, paint sprays and chemical compounds.
FELA
While most injured workers are able to seek compensation under standard state worker laws railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovery similar to the ones in the law for workers' compensation claims.
Railroad corporations are responsible for occupational diseases like mesothelioma and lung cancer. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based and railroad workers must prove that the negligence of their employer played some of the injury and damages. FELA lawsuits are contentious due to the high burden of evidence. Thus, railroad companies attempt to minimize their liability whenever possible.
FELA covers all railway workers employed by common carriers in interstate commerce. This includes locomotive engineers, conductors/yardmasters signal keepers, trackmen/maintenance-of way bridge and building construction employees, welders, and electricians. Localized independent railroads that do not transport goods over long distances are not covered by FELA.
A skilled FELA attorney is crucial to help a railroad worker successfully sue the company that caused their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and comprehend the complexities that arise. For a no-cost consultation call us at 1-800-BENZENE now.
Occupational Diseases
A person may develop a disease because of work-related exposure to toxic materials. These illnesses are also referred to as toxic lung disorders or occupational diseases. Occupational diseases can be difficult to detect, since the symptoms of lung disorders generally do not show until the time the person starts working. This is due to the long intervals of latency that are associated with a lot of contaminants.
To qualify as an occupational illness, the disease must manifest during the course of employment. Additionally, the link between exposures from work and the disease must be proven by medical research. It is important to seek legal advice whenever you suspect you've contracted a disease or illness as a result of your railroad work.
The most common workplace-related diseases are benzene leukemia, fibrosis of the lungs, chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis. These diseases are caused by the inhalation of dusts, gasses, vapors or fumes, as well as cigarettes smoke. The symptoms of these illnesses vary according to the type of toxins and the size of particle that is inhaled.
Workers can also sustain musculoskeletal injury due to the physical nature their work. union pacific settlements are referred to as repetitive stress injuries, and can cause pain or weakness in different parts. For instance, railway workers often suffer from lateral epicondylitis (tennis elbow) which results in the tear of tendons in the upper arm.
Diesel Exhaust
Diesel fuel is utilized by almost all locomotives, so railroad workers are exposed daily to diesel fumes. Since diesel exhaust contains many pollutants, including particulate matter, volatile organic compounds, and toxic metals, prolonged exposure can result in a variety of medical conditions, including asthma.
Smokers are more prone to lung diseases like COPD because of the toxins present in diesel exhaust. Research on diesel exhaust has also shown that the pollution is an important risk factor for the development of cancer, especially leukemia and non-Hodgkin lymphoma.
Over the years locomotives have run continuously in train yards, release a lot of diesel exhaust into communities surrounding railroads. Diesel exhaust is especially hazardous for the majority of working class and minorities communities that are close to these rail yards.
The benzene that is found in diesel fuel and exhaust is associated with leukemia. Railroads should limit the use of these chemicals and ensure that their employees are educated on safety procedures. For example, a local congressman has recently urged the commuter rail railroad Metrolink to conduct an assessment of the risks associated with exhaust from its diesel engine that is released into primarily working-class neighborhoods around its maintenance yard in Los Angeles, CA.
Asthma
If long-term exposure to diesel exhaust causes asthma-related pulmonary conditions, such as former and current railroad employees could be eligible for an action against their employer. A successful FELA claim could grant compensation for the financial, physical and emotional effects of a work-related pulmonary condition.
Asthma symptoms include coughing and wheezing. Colon cancer lawsuit settlements can also cause chest tightness and shortness of breath. It can make daily activities difficult. In the case of more severe asthma people may be admitted to a hospital due to respiratory failure.
Railroad companies have a duty to ensure their employees are safe and healthy. This means that they must ensure that the locomotive cabs are well ventilated, with the proper safety equipment, and limiting worker's exposure to harmful fumes. Inability to do this could cause occupational diseases like asthma, pulmonary ailments and other respiratory diseases.
If you have a mild, moderate or severe asthma problem that has been caused by your time working on the railroad, you should discuss your situation with a seasoned New York railroad settlement asthma lawyer. The lawyer you choose to consult will assess your situation and assist you to determine if an FELA lawsuit against your employer is in your best interests. railroad back injury settlements could offer an amount of money to compensate for the negative impact that your condition has caused to your career and life.