FELA and Railroad Settlement for Asthma
Asthma and other pulmonary diseases can be caused by diesel fumes at the workplace. A FELA lawyer with years of experience can assist you with filing a claim for occupational disease against your railroad company.
Two former railroad employees say they've lost their jobs due to chronic breathing ailments. csx settlement claim that they were experiences as locomotive engineers exposed them to toxic substances like diesel and gasoline exhausts, silica particles chemical compounds, and paint sprays.
FELA
Railroad employees must, however, file a claim under the Federal Employers Liability Act. FELA provides guidelines for recovery similar to the ones in the statutes for workers' comp claims.
Railroad corporations are accountable when they expose their employees to harmful workplace exposures which can cause occupational diseases like mesothelioma fibrosis, mesothelio scleroderma, lung cancer or other respiratory illnesses. As opposed to workers' compensation claims, FELA lawsuits are fault-based that is, the railroad worker must prove the negligence of the employer was at least some role in causing the injury and subsequent damages. FELA lawsuits are contentious due to the heavy burden of evidence. Thus, railroad companies strive to reduce their liability as often as possible.
FELA covers all railway employees employed by common carriers engaged in interstate commerce, which includes locomotive engineers, conductors yardmasters, signal maintenanceers, trackmen/maintenance of way bridge and building workers, welders, and electricians. Some exceptions are made for localized independent railroads who do not use their tracks to transport goods over long distances.
A knowledgeable FELA lawyer is essential to help railroad employees successfully pursue a lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and understand the complicated issues that arise. For a no-cost consultation call us at 1-800-BENZENE now.
Work-related Diseases
A person can develop a condition due to exposure to toxic substances at work. These diseases are also known as toxic lung disorders or occupational diseases. The occupational diseases can be difficult to detect, since the signs of lung problems typically do not manifest until an extended period of time after an individual begins working. This is due to the long period of latency that is associated with many contaminants.
Medical research must demonstrate that the illness is a result of work-related exposures. This is why it is crucial to seek legal representation as soon as possible if you suspect you have acquired a health issue or disease due to your job at the railroad.
Some workplace-related ailments include benzene lung cancer, fibrosis, chronic obstructive respiratory disease (COPD) as well as hypersensitivity pneumonitis and chronic obstructive airway disease. These diseases are caused by breathing in dusts, vapors, gases fumes, and cigarettes smoke. The symptoms of these illnesses can vary depending on the type of toxin used and the size of the particle inhaled.
Workers can also experience muscle injuries due to the physical nature their work. These injuries are known as repetitive stress injuries, and can cause weakness or pain in various parts. For instance, railroad workers frequently suffer from lateral epicondylitis (tennis elbow) which results in the tear of tendons that are located in the upper arm.
Diesel Exhaust
Nearly all locomotives use diesel fuel, which means that the majority of railroad workers are exposed to diesel fumes on a regular basis. Diesel exhaust contains many pollutants, such as particulate material and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust may cause a variety of medical problems, including asthma.
Smokers are more prone to lung diseases such as COPD due to the toxins in diesel exhaust. Research on diesel exhaust has also shown that the pollution is a risk factor in the development of cancer, particularly leukemia and non-Hodgkin lymphoma.
For a long time locomotives be running continuously at train yards, dispersing large quantities of diesel exhaust into communities close to the railroad. Diesel exhaust is especially harmful to the majority of minorities and working-class neighborhoods in the area where the rail yards are situated.
The benzene content of the exhaust and diesel fuel has been associated with leukemia in certain individuals, which is why railroads must be mindful to limit the effects of these chemicals on their properties and ensure their employees are trained in appropriate safety procedures. A local congressman recently asked Metrolink, a commuter rail railway in Los Angeles, CA, to conduct a risk study of the diesel exhaust released into the mainly working-class neighborhoods in the vicinity of its maintenance yard.
Asthma
If long-term exposure to diesel exhaust results in pulmonary disorders such as asthma railway workers could have grounds to bring a claim against their employer. A successful FELA claim could lead to compensation for the emotional, financial and physical impacts of a work related respiratory disorder.
Asthma can cause a variety of symptoms, such as coughing, wheezing, chest tightness and breathlessness. It can also make everyday activities difficult. In more severe cases, asthma can result in a person being admitted to hospital for respiratory failure.
It is the duty of railroad companies to ensure that their employees are healthy and safe. This means that they must ensure that the locomotive cabs are well ventilated, using proper safety equipment, and minimizing exposure to harmful fumes. If this is not done, it can cause occupational illnesses such as asthma and pulmonary problems, including other respiratory ailments.
If you suffer from a moderate, severe, or mild case of asthma that has been caused by your experience working on the railroad, you should discuss your case with a seasoned New York railroad settlement asthma lawyer. Your lawyer will evaluate your situation and help determine whether an FELA lawsuit against your employer is in your best interests. A successful FELA claim can result in financial compensation for the negative effect of your condition on your work and life.