cancer lawsuit and Asthma
Rail workers are often exposed to toxic chemicals and fumes like silica and asbestos. The exposures can result in pulmonary disorders such as asthma.
Fortunately, victims are eligible for compensation under the Federal Employers' Liability Act. A railroad lawsuit asthma attorney can help. Read on for some examples of verdicts that have been successful and settlements.
Diesel Exhaust
Since trains operate on diesel fuels, railroad workers are exposed all day to diesel fumes. These fumes are a mixture of soot particles, as well as toxic chemicals. Exposure to these fumes may contribute to the development of asthma and other lung illnesses.
Since the beginning of time railroads have become aware of the risks associated with diesel exhaust. Many companies have not taken appropriate measures to safeguard their employees. Certain railroad workers have developed respiratory diseases that are debilitating.
When combined with other workplace hazards such as asbestos, silica and creosote exposure to diesel fumes can result in the development of life-changing pulmonary diseases, including asthma. These ailments can prevent railroad workers from returning to their jobs and may reduce the quality of their lives.
In one case, our attorneys successfully defended an FELA claim by a former engineer who claimed that he had developed leukemia and other cancers due to the exposure to diesel fumes as well as other toxic chemicals while working on railway equipment. The judge granted summary judgment to the defendant railroads, ruling that Plaintiff did not conduct an intelligent lookup for information regarding his illness at the time of diagnosis, and that his claims were not time-barred.
Dust
Railroad workers are frequently exposed to various kinds of dust, including silica from coal dust, ballast, and chemical fuels or petroleum. These toxic substances can be harmful to an individual's health and contribute to respiratory ailments, such as asthma.
Our FELA lawyer has helped a number of people pursue compensation for exposure to these substances. Fortunately, Bladder cancer lawsuit allows workers who have been diagnosed with certain ailments to claim their employers are accountable for failing to safeguard workers from hazardous workplaces.
A Montana jury, for example it awarded $3.7 Million to a former locomotive engineer who suffered from pulmonary fibroidsis, which is a progressive lung condition that is caused by scarring in lung tissue. His FELA claim claimed that inhaling diesel exhaust on hundreds, if not thousands, of occasions led to the development of his lung disease. Jurors were not persuaded by the defense experts' testimony that the locomotive engineer's lung condition could have a different cause.
In the same way, Friends of the Columbia Gorge and Sierra Club 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, the wetlands, tributary streams and the Columbia River with coal dust and debris. BNSF has agreed to stop transporting coal in the Gorge and in other locations.
Asbestos
Railroad workers have for a long time been exposed to dangerous chemicals. Other toxic materials remain in the workplace even though asbestos has been removed. Chemical solvents for example, have been recognized to cause asthma and other respiratory illnesses. This is the reason railroad employees are able to file lawsuits seeking damages from the companies that employed them.
In one case the jury found that a 61-year old locomotive engineer was suffering from asthma caused by diesel due to his work on railroads. The condition forced him to take medical leave, resulting in lost earnings. He also had to undergo two back surgeries, which included a multi-level lumbar spinal fusion all of which resulted in significant medical costs.
He stated that while working on various railways, he was constantly exposed to diesel exhaust fumes strong odors silica dust particles chemicals and spray paints and black smoke and welding, motor grease, and engine oil. The chest tightened, the throat hurt and he experienced difficulties swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads prevailed in arguing that the release of the plaintiff in 1996 should not be barred from the new lawsuit as they knew of the risk when he was exposed 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 treatment and determine if his illness was related to his work.
Poor Ventilation
If you or someone near you has been diagnosed with lung disease, mesothelioma or any other type of cancer that is related to your employment in the railway industry, you may be able to bring a FELA lawsuit against the company that employed you. FELA lawsuits may provide compensation for medical expenses, lost wages and pain and suffering. Contact an Houston FELA lawyer today to discuss your case.
cancer lawsuits awarded an ex- Conrail engineer $2.6 million in his occupational health trial after finding that the retiree's asthma, which is a chronic problem, was caused by the constant exposure to diesel exhaust fumes as he working with locomotives at rail yards. The lawyers for the plaintiff argued that the railroad did not stop this kind of exposure through the lack of proper ventilation in the locomotive cabs.
Railroad workers are exposed to toxic chemicals, as well as diesel fumes. Asbestos, benzene, as well as other carcinogens are frequently found in railroad maintenance and construction materials. Unfortunately, these hazardous materials can cause many different diseases and illnesses, including respiratory conditions like asthma.
A Houston FELA attorney can help you to hold an employer accountable for their negligence If 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 linked to the rail industry. By contacting a seasoned lawyer as soon as you can you will increase your chances of receiving the financial compensation that you deserve for your suffering and losses.