railroad lawsuits and Asthma
Railroad workers are often exposed to fumes and toxic chemicals like silica, creosote, and asbestos. These exposures can lead to respiratory disorders like asthma.
Fortunately, victims are entitled to compensation under the Federal Employers' Liability Act. A good railroad lawsuit asthma lawyer will aid. Here are a few examples of settlements and verdicts.
Diesel Exhaust
Since trains operate on diesel fuels railroad employees are exposed all day to diesel fumes. These fumes are a mixture of soot particles and toxic chemicals. Exposure to these fumes could cause asthma and other lung diseases.
Railroads have been aware of the dangers of exposure to diesel exhaust for decades. Many companies have not taken adequate measures to protect their workers. Some railroad workers have developed respiratory diseases that are debilitating.
In conjunction with other workplace hazards such as asbestos, silica and creosote exposure to diesel fumes can cause the development of life-altering pulmonary illnesses, such as asthma. These conditions can hinder railroad workers from returning to their jobs and may even reduce their life quality.
In one case the attorneys of our firm successfully defended a FELA claim asserted by a former engineer who claimed to have 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 judgment for the railroads in dispute. The court ruled that Plaintiff had not made an appropriate search for information regarding his condition at the time the disease was discovered, and that his claims are barred by time.
Dust
Railroad workers are frequently exposed to various types of dust, such as silica from coal dust, ballast, and petroleum or chemical fuels. These harmful substances can be harmful to an individual's health and can cause respiratory diseases, such as asthma.
Our FELA lawyer has helped a number of people pursue compensation for their exposure to these substances. FELA permits workers suffering from certain illnesses to hold employers accountable for not protecting them from unsafe workplaces.
For example, a Montana jury handed down $3.7 million to a former locomotive engineer who was diagnosed with pulmonary fibrosis, a progressive lung disease that is caused due to scarring of the lung tissue. His FELA claim alleged that inhaling diesel exhaust on hundreds, if not thousands, of occasions led to the development of his lung disease. Jurors were not convinced by the defense experts' testimony that the locomotive engineer's lung illness could have a different cause.
In the same way, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Every time a train goes through the Gorge it pollutes habitats for wildlife and plants, stream tributary wetlands and the Columbia River with coal dust and other debris. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Railroad workers have long been exposed to dangerous chemicals. Other toxic materials remain in the workplace, even when asbestos has been removed. Chemical solvents, for instance, have been identified as causing asthma and respiratory diseases. Railroad workers are able to sue their employers to recover damages.
In one instance the 61-year-old engineer for the locomotive received $2.6 million following a jury verdict that found that his job at the railroad caused him to suffer from diesel asthma. This illness forced him to take medical leave, which resulted in loss of wages. He also had to undergo two back surgeries, including the multi-level lumbar spine fusion all of which added up to significant medical costs.
He admitted that while working at different railways he was exposed to exhaust fumes from diesel engines, strong odors silica dust particles chemicals and spray paints, black smoke as well as welding grease, motor grease and engine oil. The chest tightened, the throat was aching and he had trouble swallowing. He suffered from bronchitis and allergies, too.
The railroads won the argument that release of the plaintiff from 1996 should block his lawsuit since he knew the risk of exposure to asbestos. Hughes Law Offices argued that the statute should be extended until the plaintiff is diagnosed with cancer, to give him time to seek medical treatment and determine if the illness is connected to his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer or lung diseases, mesothelioma or any other type of cancer that may be linked to working in the railroad industry, then you may have the right to bring an action under FELA against the company who employed you. FELA lawsuits may award compensation for medical expenses, lost wages, pain and suffering, and other damages. Contact a Houston FELA lawyer today to discuss your case.
A jury handed down $2.6 million to an ex- Conrail engineer in his occupational disease trial after determining what caused his asthma-related debilitating condition. The jury found that his exposure to diesel exhaust fumes was nearly constant while crewing locomotives in rail yards. The plaintiff's attorneys argued that the railroad failed to stop this kind of exposure because they did not install adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes that railroad workers breathe, they also frequently come into contact with toxic chemicals and other harmful substances during their work. In railroad maintenance and construction material asbestos, benzene, and other carcinogens are found. Sadly, these harmful materials can cause many different cancers as well as other serious health conditions, such as pulmonary diseases like asthma.
If you suffer from asthma that is the result of your working on the railroad, or If you are the parent of family members who have been diagnosed with cancer that could be connected to the rail industry, an Houston FELA lawyer can help you hold your employer accountable for their incompetence. Engaging an experienced attorney as soon as possible will increase your chances of receiving the financial compensation you're entitled to for the losses and suffering.