FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can trigger pulmonary diseases, including asthma. railroad back injury settlements with expertise can help you file a claim for occupational disease against your railroad employer.
Two former railroad employees claim they have lost their livelihoods due to chronic breathing problems. Their lawsuits assert that they suffered from time as locomotive engineers exposed them to toxins, including diesel and gasoline exhausts, silica particles chemical compounds and paint sprays.
FELA
Railroad employees must, however, file an claim under the Federal Employers Liability Act. railroad injury settlement amounts provides guidelines for recovery similar to those that are in the statutes for workers' comp claims.
Railroad corporations have to be held accountable if they expose their employees to toxic workplace exposures and then cause occupational diseases like mesothelioma and fibrosis, lung cancer, scleroderma, or other respiratory illnesses. Unlike workers' comp cases, FELA lawsuits are fault-based that is, the railroad worker must prove the negligence of the employer played some part in causing the injury as well as the damages that resulted. This heavy burden of evidence creates FELA lawsuits a source of contention. Therefore, railroad companies fight to minimize their liability whenever possible.
FELA covers all railway employees who are employed by common carriers that are involved in interstate commerce, including locomotive engineers, conductors yardmasters, signal keepers, trackmen/maintenance of way, bridge and building workers, welders, and electricians. There are exceptions for localized independent railroads who do not utilize their tracks to transport goods over long distances.
A knowledgeable FELA lawyer is essential to help a railroad employee successfully pursue a lawsuit and hold the company accountable for their injuries. Benzene Lawyers has extensive experience in this area of law and is well-versed with the complexities that are involved. Call 1-800-BENZENE for a no-cost consultation.
Work-related Diseases
A person may develop a condition due to exposure to toxic substances at work. These conditions are also known as toxic lung disorders or occupational diseases. Occupational diseases are often difficult to detect because the signs of many lung conditions do not manifest until long after a person is employed at their job. This is due to the long latency period associated with many toxic substances.
To be considered an occupational illness, a disease must develop during the course of work and the link between work-related exposures and the illness needs to be proven through medical research. This is why it is crucial to seek legal advice as soon as possible if you suspect you have acquired a health issue or disease because of your railroad job.
The most common workplace-related diseases are benzene leukemia, fibrosis of lung, chronic obstructive respiratory disease (COPD), and hypersensitivity pneumonitis. Inhaling gases and vapors, fumes and dusts as well smoking cigarettes can trigger these illnesses. The symptoms of these illnesses may vary based on the toxin type and the size of the particles inhaled.
Workers may also develop muscles-related injuries due to the physical demands of their work. These kinds of injuries are known as repetitive stress injuries. They may cause pain and weakness throughout the body. For instance, railway workers often suffer from lateral epicondylitis (tennis elbow), an injury that results in the tearing of the tendons of the upper arm.
Diesel Exhaust
Almost all locomotives use diesel fuel, which means that the majority of railroad workers are exposed to diesel fumes on a daily basis. Since diesel exhaust contains a variety of pollutants like particulate matter, volatile organic compounds and toxic metals, long-term exposure can cause a wide range of health problems, including asthma.
Smokers are more prone to lung diseases such as COPD because of the toxins found in diesel exhaust. Studies on diesel exhaust have also found that the pollutant is a risk factor for developing cancer, including leukemia as well as non-Hodgkin lymphoma.
For a long time, locomotives would run constantly at train yards, dispersing lots of diesel exhaust into the communities that are near the railroad. Diesel exhaust is especially hazardous for the majority of working-class and minorities neighborhoods that are near these rail yards.
The benzene in diesel fuel and exhaust is linked to leukemia. Railroads should limit the use of these chemicals and ensure that their employees are properly trained on safety procedures. A congressman from the area recently asked Metrolink which is a commuter railroad railway located in Los Angeles, CA, to conduct a risk assessment of the diesel exhaust released into the mostly working-class neighborhoods surrounding its maintenance yard.
Asthma
If exposure to diesel exhaust leads to pulmonary disorders such as asthma railway workers may have grounds for an action against their employer. A successful FELA claim could result in a recovery for the financial, physical and emotional effects of a pulmonary disease that is caused by work.
Asthma can trigger a range of symptoms, including coughing, wheezing and chest tightness and breathlessness. It can also make everyday activities difficult. In more severe asthma cases, a person may be admitted to a hospital due to respiratory failure.
It is the obligation of railroad companies to ensure that their employees are safe and healthy. This includes providing adequate ventilation in the cabs of locomotives and ensuring that they use proper safety gear and minimizing exposure of workers to harmful fumes. Failure to do this can cause occupational diseases such as asthma, pulmonary problems and other respiratory diseases.
If you suffer from mild, moderate, or severe asthma, which you believe is caused by your railroad job it is recommended that you consult an experienced New York railroad settlement attorney. Your attorney can evaluate the situation and determine if a FELA lawsuit against your employer would be your best option. railroad injury settlement amounts could result in financial recovery for the negative effect of your condition on your professional and personal life.