Railroad Lawsuits and Asthma
Rail workers are frequently exposed to toxic chemicals and fumes such as asbestos and silica. These exposures can lead to asthma-related respiratory problems.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). A reputable railroad lawsuit asthma lawyer can assist. Read on for some examples of verdicts that have won and settlements.
Diesel Exhaust
Since trains run on diesel fuels railroad workers are constantly exposed to diesel fumes. These fumes are a mixture of soot particles, as well as toxic chemicals. Exposure to these fumes may contribute to asthma and other lung illnesses.
Railroads have been aware of dangers of exposure to diesel exhaust for decades. Many companies haven't taken adequate measures to protect their employees. This is why some railroad workers have developed respiratory diseases that are debilitating.
Exposure to diesel fumes when coupled with other workplace hazards such as asbestos, creosote and even silica can trigger life-altering lung diseases, including asthma. These symptoms could prevent railroad workers from returning back to work, and may even decrease their quality of life.
In one case, our attorneys successfully defended the FELA claim by a former locomotive engineer who claimed to have developed leukemia and other cancers as a result of the exposure to diesel fumes and other toxic chemicals while working on railway equipment. The court granted summary judgment for the railroads in question, deciding that Plaintiff did not make an intelligent search for information regarding his condition at the time of diagnosis and that his claims were not time-barred.
Dust
Rail workers are exposed to different dusts, including silica dust from ballasts and coal dust. They could also be exposed to petroleum or chemical fuels. These toxic substances can cause harm to one's health and can cause respiratory illnesses, like asthma.
Our FELA attorney has assisted many people pursue compensation for their exposure to these substances. FELA allows those suffering from certain diseases to hold their employers accountable for not protecting them from unsafe workplaces.
For instance, a Montana jury gave $3.7 million to a former locomotive engineer who suffered from the condition known as pulmonary fibrosis. It is a progressive lung disease that is caused by scarring of the lung tissue. In railroad workers cancer lawsuit , the defendant claimed that breathing diesel fumes hundreds or even thousands of times, contributed to the onset and development of his lung disease. The testimony of the defense experts failed to convince jurors that the locomotive engineer's lung disease was due to some other reason.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Each time a train travels through the Gorge it pollutes the sensitive habitats for wildlife and plants, wetlands, tributary streams, and the Columbia River with coal dust and debris. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge as well as other places.
Asbestos
Rail workers were exposed to dangerous chemicals for a long period of time. While asbestos has been eliminated from the workplace, other harmful substances are still. Chemical solvents have been proven to cause asthma and respiratory ailments. Railroad workers can sue their employers to recover damages.
In one instance one case, a 61-year-old locomotive engineer received $2.6 million following a jury verdict that found that his work at the railroad made him suffer from diesel asthma. The illness led him to be placed on medical leave and lost wages. He also required two back surgeries, including an lumbar spinal fusion with multiple levels, all of which resulted in significant medical costs.
He claimed that he was constantly exposed to diesel exhaust fumes as well as strong odors. He also said the environment was constantly exposed to silica particles chemical compounds, spray paints, and black smoke. His chest tightened up, his throat hurt and he experienced difficulties swallowing. He was suffering from bronchitis and allergies, too.
The railroads successfully argued that the releases the plaintiff signed in 1996 should be void for his new suit since he was aware of the risk at the time he was exposed to asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be extended until the plaintiff was diagnosed with cancer to give him the chance to seek medical care and determine if his condition was related to his employment.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or other forms of cancer that could be caused by working in the railroad industry, you could be able to file a lawsuit under FELA against the company who employed you. FELA lawsuits can provide compensation for medical costs loss of wages, suffering and pain, and other damages. Contact an Houston FELA attorney 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 illness was the result of his frequent exposure to diesel exhaust fumes while working on locomotives at rail yards. The lawyers representing the plaintiffs claimed that railroads failed in their duty to avoid exposure by not installing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed to toxic chemicals and diesel fumes. Asbestos, benzene, and other carcinogens are often found in railroad maintenance and construction materials. Sadly, these dangerous materials can trigger a myriad of cancers and serious health conditions, including pulmonary disorders such as asthma.
If you have asthma that developed due to your working on the railroad, or if you have family members who have been diagnosed with cancer that may be linked to the rail industry or a railroad, an Houston FELA lawyer can help you to hold your employer accountable for their negligence. Contacting an experienced attorney immediately can help you maximize your chances of obtaining the financial compensation you're entitled to for the injuries and losses.