Twenty Myths About Railroad Lawsuit Mds: Busted
Railroad Lawsuits and Asthma
Rail workers are frequently exposed to toxic chemicals and fumes such as asbestos and silica. These exposures can cause respiratory disorders like asthma.
Fortunately, victims can recover compensation under the Federal Employers' Liability Act (FELA). A railroad lawsuit asthma attorney can be of assistance. Read on for some examples of verdicts that have been successful and settlements.
Diesel Exhaust
Since trains are powered by diesel fuel, most railroad employees are exposed to a variety of diesel fumes during the day. The fumes consist of soot particles and harmful chemicals. Exposure to these fumes may be a contributing factor to the development of asthma and other pulmonary diseases.
For decades railroads have been conscious of the risks associated with diesel exhaust. Many companies haven't taken appropriate measures to safeguard their employees. As a result, some railroad workers have suffered from respiratory illnesses that are a major cause of death.
Exposure to diesel fumes when coupled with other workplace hazards such asbestos, creosote, and silica can result in life-altering lung diseases, like asthma. These conditions can prevent railroad workers from returning to work and may reduce the quality of their lives.
In one instance the attorneys of our firm successfully defended an FELA claim by a former engineer who claimed that he had developed leukemia and other cancers due to his exposure to diesel fumes as well as other toxic chemicals when working on railway equipment. The court granted summary judgement for the railroads that were defendants. It decided that Plaintiff had not made an appropriate search for information regarding his illness at the time it was discovered and his claims are barred by time.
Dust
Rail workers are exposed to many dusts, including silica from ballast and coal dust. They may also be exposed to chemical or petroleum fuels. These toxic substances can be harmful to an individual's health and contribute to respiratory diseases, such as asthma.
Multiple myeloma lawsuit has helped a number of people pursue compensation for exposure to these substances. FELA allows workers with certain illnesses to hold employers accountable for not protecting them from unsafe workplaces.
A Montana jury, for instance, awarded $3.7 Million to a former engineer of the railroad who suffered from pulmonary fibroidsis. It is a progressive lung condition caused by scarring in lung tissue. The defendant's FELA claim alleged that the inhalation of diesel exhaust on hundreds, if not thousands, of occasions contributed to the development of his lung disease. Jurors were not convinced by the testimony of defense experts 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. Each time a train runs through the Gorge, it pollutes sensitive 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 as well as other places.
Asbestos
Railroad workers have for a long time been exposed to dangerous chemicals. While asbestos has been mostly removed from the workplace, some toxic materials still remain. Chemical solvents, like are recognized to cause asthma and respiratory diseases. Railroad employees may sue their employers to get compensation for their losses.
In one instance the jury determined that a 61-year-old locomotive engineer was suffering from asthma caused by diesel due to his work on railroads. The illness led him to be placed on medical leave and to lose his wages. He also was required to undergo two back surgeries, including the multi-level lumbar spine fusion all of which added up to significant medical costs.
He stated that he was constantly exposed to diesel exhaust fumes as well as strong odors. He also said he was constantly exposed to silica particles chemical compounds, spray paints, and black smoke. His chest tightened, his throat hurt and he experienced trouble swallowing. He suffered from allergies and bronchitis, too.
Railroads successfully argued that the plaintiff's 1996 release should bar his lawsuit since they knew of the risk of exposure to asbestos. Hughes Law Offices argued that the statute should be extended until the plaintiff is diagnosed with cancer in order to allow him time to seek medical attention and determine if the condition is related to his job.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer, lung diseases, mesothelioma, or other types of cancer that could be caused by working in the railroad industry, you may have the right to bring a lawsuit under FELA against the corporation that employed you. FELA lawsuits can provide compensation for medical expenses, lost wages, and suffering and pain. Contact a Houston FELA attorney today to discuss your case.
A jury has awarded a former Conrail engineer $2.6 million in the case of occupational illness after concluding that the retiree's asthma-related illness was the result of his constant exposure to diesel exhaust fumes as he working with locomotives at rail yards. The lawyers for the plaintiff argued that the railroad failed to protect against this kind of exposure because they did not install proper ventilation in the locomotive cabs.
Multiple myeloma lawsuit are exposed toxic chemicals, as well as diesel fumes. Asbestos, benzene and other carcinogens can be found in construction and maintenance materials. Sadly, these harmful materials can cause many different cancers and other serious illnesses, including respiratory conditions such as asthma.
lung cancer lawsuit can help you hold an employer accountable for their negligence in the event that you suffer from asthma resulting from your railroad work, or if someone you love has been diagnosed with a cancer that may be linked to rail industry. A professional attorney you can trust will help you maximize your chances of receiving the financial compensation you are entitled to for your pain and suffering.