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FELA and Railroad Settlement for Asthma

Asthma and pulmonary 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 respiratory illnesses that cause severe pain. Their lawsuits allege that years spent as locomotive engineers exposed them such as diesel and gasoline exhaust silica dust particles paint sprays and chemical compounds.

FELA

Railroad employees must, however, file an claim under the Federal Employers Liability Act. FELA offers guidelines for recovering similar to the guidelines in the case of workers' compensation claims.

Railroad corporations must be held accountable when they expose their employees to toxic workplace conditions and then cause occupational diseases like mesothelioma and fibrosis, lung cancer, scleroderma or other respiratory ailments. As opposed to workers' compensation claims, FELA lawsuits are fault-based which means that railroad workers must prove that employer negligence played at least some role in causing the injury and damages. FELA lawsuits can be a source of contention because of the burden of evidence. Thus, railroad companies strive to reduce their liability as often as possible.

FELA covers all railway employees employed by common carriers that are involved in interstate trade, including conductors, locomotive engineers yardmasters, signal maintenanceers trackmen/maintenance and maintenance of way, bridge and building workers, welders, and electricians. Exceptions are made for localized independent railroads who do not use their tracks to transport goods over long distances.

A knowledgeable FELA lawyer is essential for helping railroad employees pursue a successful lawsuit and hold the company accountable for their injuries. Benzene Lawyers has extensive experience in this area of law and is acquainted with the complicated issues that are involved. Call 1-800-BENZENE for a free consultation.

Occupational Diseases

A person can develop a disease due to exposure to toxic substances while at work. These illnesses are also referred to as toxic lung disorders or occupational illnesses. The occupational diseases can be difficult to identify, since the symptoms of lung issues often do not show up until a long time after the person starts working. This is due to the lengthy latency period associated with many toxic substances.

Medical research must demonstrate that the illness is caused by work-related exposures. This is why it is crucial to seek legal counsel immediately if you suspect you have been diagnosed with a disease or illness due to your job at the railroad.

Examples of workplace-related illnesses include benzene leukemia, fibrosis in the lung, chronic obstructive respiratory disease (COPD) and hypersensitivity pneumonitis. Inhalation of gases and vapors, fumes and dusts, as well as cigarette smoke can cause these diseases. The symptoms of these diseases differ depending on the type of toxin and the size of the particle that is inhaled.

Workers may also develop musculoskeletal injuries due to the physical nature of their jobs. These kinds of injuries are referred to as repetitive stress injuries and can cause weakness and pain in different parts of the body. For instance, workers on rails frequently suffer from lateral epidondylitis (tennis elbow), an injury that causes the tearing of the tendons of the upper arm.

Diesel Exhaust

Almost all locomotives use diesel fuel which means that railroad workers are exposed to diesel fumes on a daily basis. Because diesel exhaust is a source of pollutants like particulate matter, volatile organic compounds and toxic metals, long-term exposure can lead to a variety of medical issues including asthma.

Smokers are more prone to lung diseases such as COPD because of the toxins present in diesel exhaust. The exhaust pollution caused by diesel is also a risk factor for the growth of cancer, specifically leukemia and non Hodgkin lymphoma.

Over the years locomotives have run constantly in train yards, which has released a considerable amount of diesel exhaust into the communities around railroads. Diesel exhaust is particularly dangerous to the largely minority and working class neighborhoods in the area where these rail yards are located.

The benzene found in diesel exhaust and fuel has been linked to leukemia in some people, which is why railroads need to be careful to limit the impact of these chemicals on their properties, and also ensure that their employees are trained in safe practices. A congressman from the local area recently asked Metrolink which is a commuter rail railway located in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust that is released into the predominantly working-class neighborhoods in the vicinity of its maintenance yard.

Asthma

Former and current railroad employees may be able to sue their employer in the event that long-term exposure causes pulmonary conditions such as asthma.  railroad settlements  could provide compensation for the emotional, financial and physical effects of a work related lung disorder.

Asthma can cause a variety of symptoms, such as coughing, wheezing and tightness in the chest and breathlessness. It can make your daily activities difficult. In more severe cases, asthma may cause someone to be admitted to hospital due to respiratory failure.

It is the duty of railroad companies to ensure that their workers are healthy and safe. This includes ensuring adequate ventilation in locomotive cabs as well as ensuring the use appropriate safety gear and limiting worker exposure to dangerous fumes. Inability to do this could lead to occupational illnesses such as asthma, pulmonary problems and other respiratory ailments.

If you suffer from moderate, mild, or severe asthma, which you believe was due to your railroad work then you should consult an experienced New York railroad settlement attorney. Your lawyer will evaluate the situation and determine if a FELA suit against your employer would be beneficial for you. A successful FELA claim could lead to financial recovery for the negative effects of your health condition on your professional and personal life.