Railroad Lawsuits and Asthma
Railroad workers often are exposed to fumes and toxic chemicals like silica, creosote asbestos, and creosote. railroad controls limited lawsuit can result in lung diseases, such as asthma.
Fortunately, victims are entitled to compensation under the Federal Employers' Liability Act. A good railroad lawsuit asthma lawyer can help. Take a look at these examples of verdicts that have won and settlements.
Diesel Exhaust
Since trains operate on diesel fuels railroad workers are exposed all day to diesel fumes. The fumes consist of tiny soot particles, gases and other toxic chemicals that could cause serious health issues. Exposure to these fumes may be a contributing factor to the development of asthma and other lung illnesses.
Railroads have been aware of the dangers of exposure to diesel exhaust for years. Many companies have not taken the proper precautions to protect their employees. As a result, some railroad workers have developed respiratory illnesses that are a major cause of death.
In conjunction with other workplace hazards like asbestos, silica, and creosote exposure to diesel fumes could result in the development of life-threatening pulmonary diseases, including asthma. These symptoms can prevent railroad workers from returning back to their work, and may even reduce their overall health.
In one case our lawyers successfully defended a FELA claim brought by a former engineer who claimed that he had developed leukemia and other cancers as a result of his exposure to diesel fumes as well as other toxic chemicals while working on railway equipment. The court granted summary judgement for the railroads that were defendants. The court ruled that Plaintiff did not conduct an appropriate search for information regarding his illness at the time he was diagnosed and that his claims are barred by time.
Dust
Railroad workers are frequently exposed to different kinds of dust, such as silica from coal dust, ballast and petroleum or chemical fuels. These harmful substances can be harmful to health and can trigger respiratory diseases like asthma.
Our FELA lawyer has helped a number of people seek compensation for their exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with a specific illness to claim their employers are accountable for failing to safeguard workers from hazardous workplaces.
For example, a Montana jury gave $3.7 million to a former locomotive engineer who was suffering from lung fibrosis, a chronic lung disease that is caused by scarring of the lung tissue. In his FELA claim, it was claimed that breathing diesel fumes hundreds or perhaps thousands of times, contributed to the development and progress of his lung disease. The testimony of the defense experts failed to convince jurors that the engineer's lung disease was caused by another cause.
Similar to this, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Every time a train passes through the Gorge it pollutes plant and wildlife habitat, the wetlands, tributary streams and the Columbia River with coal dust and debris. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Railroad workers have for a long time been exposed to dangerous chemicals. While asbestos has been mostly eliminated from the workplace, a variety of toxic substances remain. Chemical solvents, like, have been identified as causing asthma and other respiratory illnesses. Railroad employees may sue their employers to recover damages.
In one instance, the jury found that a 61-year-old engineer in the field was suffering from asthma caused by diesel because of his railroad work. The condition forced him to take medical leave, resulting in a loss of wages. He also had two back surgeries including a multilevel lumbar spine fusion. All of this added up to substantial medical costs.
He admitted that while working at various railways, he was exposed to exhaust fumes from diesel engines, strong odors silica dust particles spray paints and chemical compounds including black smoke, welding grease, motor grease and engine oil. His chest tenseened, his throat was aching and he had difficulty swallowing. He suffered from bronchitis and allergies, too.
The railroads successfully argued that the releases the plaintiff signed in 1996 should not bar the new suit as he knew of the risk at the time he was exposed asbestos. Hughes Law Offices also argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer in order to give him the chance to seek medical attention and determine if the condition was related to his employment.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer mesothelioma, lung diseases or any other type of cancers that may be related to working in the railroad industry, you may be able to file an action under FELA against the company that employed you. FELA lawsuits may provide compensation for medical expenses loss of wages, pain and suffering, and other damages. Contact a Houston FELA lawyer today to discuss your case.
A jury has awarded an ex- Conrail engineer $2.6 million in his occupational illness trial after determining that the retiree's asthma-related problems were caused by his constant exposure to diesel exhaust fumes when crewing locomotives at rail yards. The lawyers for the plaintiffs argued that railroads failed to protect themselves from exposure to diesel exhaust fumes by not putting in adequate ventilation in locomotive cabs.
Railroad workers are exposed to toxic chemicals and diesel fumes. Asbestos, benzene, and other carcinogens can be found in railroad maintenance and construction materials. Sadly, these harmful substances can cause a myriad of cancers and serious health issues, including pulmonary conditions such as asthma.
If you have asthma that is the result of your work on the railroad, or when you have family members who have been diagnosed with cancer that could be linked to the railroad industry in any way, hiring a Houston FELA lawyer can help you hold your employer accountable for their incompetence. A professional attorney you can trust can increase your chances of obtaining the financial compensation you deserve for your losses and suffering.