Railroad Lawsuits and Asthma
Railroad workers often are exposed to toxic fumes and chemicals like creosote, silica, and asbestos. These exposures may lead to respiratory disorders like asthma.
Fortunately, victims may be entitled to compensation under the Federal Employers' Liability Act. A railroad lawsuit asthma attorney can aid. Here are some examples of settlements and verdicts.
Diesel Exhaust
Because trains are powered by diesel fuels railroad workers are exposed throughout the day to diesel fumes. The fumes consist of soot particles and toxic chemicals. The exposure to these fumes can be a contributing factor to the development of asthma and other lung illnesses.
Railroads have been aware about the dangers of exposure to diesel exhaust for years. Many companies haven't implemented adequate safeguards to protect their workers. As a result, many railroad workers have developed respiratory ailments that are severe and debilitating.
In conjunction with other workplace hazards such as asbestos, silica and creosote, exposure to diesel fumes could result in the development of life-altering lung diseases, including asthma. These symptoms could prevent railroad workers from returning to their work, and may even reduce their quality of life.
In one case the attorneys of our firm successfully defended an FELA claim brought by a former locomotive engineer who claimed to have developed leukemia and other cancers due to the exposure to diesel fumes as well as other toxic chemicals when working on railway equipment. The court granted summary judgment for the railroads that were defendants. It ruled that Plaintiff had not made an informed search regarding his illness at the time he was diagnosed and that the claims he made are time-barred.
class action lawsuit against norfolk southern railroad are exposed to a variety of dusts, such as silica dust from ballasts and coal dust. They may also be exposed to petroleum or chemical fuels. These toxic substances are harmful to health and may cause respiratory illnesses such as asthma.
Our FELA lawyer has assisted a number of people get compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain illnesses to hold their employers accountable for failing to protect workers from hazardous work environments.
For example, a Montana jury handed down $3.7 million to a former engineer of the locomotive who was diagnosed with lung fibrosis, a chronic lung disease that is caused by scarring of lung tissue. In his FELA claim, he claimed that inhaling diesel fumes hundreds or even thousands of times contributed to the development and progression of his lung disease. Jurors were not convinced by the defense experts' testimony that the engineer's lung illness could have some other cause.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Every time a train passes through the Gorge, it pollutes sensitive habitats for wildlife and plants, stream tributary wetlands and the Columbia River with coal dust and debris. BNSF has decided to stop transporting coal through the Gorge and in other locations.
Asbestos
Railroad workers have been exposed to hazardous chemicals. While asbestos has been mostly eliminated from the workplace, other harmful substances are still. Chemical solvents for example are identified as causing asthma and other respiratory ailments. This is the reason railroad employees could file lawsuits to recover damages from the companies who hired them.
In one case, the jury found that a 61-year old locomotive engineer suffered from diesel asthma due to his work on railroads. The condition caused him to be placed on medical leave and lost wages. He also had to undergo two back surgeries, including an lumbar spinal fusion that was multi-level, all of which added up to a significant amount of medical costs.
He testified that while working at various railways, he was constantly exposed to exhaust fumes from diesel engines strong smells silica dust particles spray paints and chemical compounds, black smoke as well as welding grease, motor grease and engine oil. His chest tenseened, his throat ached and he had trouble swallowing. He also suffered from chronic allergies and bronchitis.
The railroads successfully argued the releases signed by the plaintiff in 1996 should bar his lawsuit because he was aware of the danger at the time he was exposed asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be tolled until the plaintiff was diagnosed with cancer in order to allow him the chance to seek medical care and determine if the illness was related to his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer or lung diseases, mesothelioma or any other form of cancer that may be related to working in the railroad industry, you might be entitled to file an action under FELA against the company which employed you. FELA lawsuits may award compensation for medical costs as well as lost wages, suffering and pain, and other damages. Contact an 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 the source of his chronic asthma. The jury found that his exposure to diesel exhaust fumes was almost continuous while working with locomotives in rail yards. The plaintiffs' lawyers argued that railroads failed to prevent exposure to diesel exhaust by not installing adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes railroad workers breathe, they also frequently come into contact with toxic chemicals and other harmful substances in their job. In railroad maintenance and construction materials asbestos, benzene, and other carcinogens can be discovered. These harmful materials can lead to many kinds of cancers as well as serious health issues, including asthma.
A Houston FELA attorney can help you bring an employer to account for their negligence If you suffer from asthma due to your railway work, or if someone close to you has been diagnosed with a cancer that may be related to the rail industry. A professional attorney you can trust will increase your chances of receiving the financial compensation you're entitled to for your loss and suffering.