Railroad Lawsuits and Asthma
Rail workers are often exposed to toxic chemicals and fumes such as asbestos and silica. These exposures can lead to pulmonary disorders such as asthma.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). A reputable railroad lawsuit asthma lawyer will assist. Here are a few examples of settlements that have resulted in successful verdicts.
Diesel Exhaust
Since trains operate on diesel fuel, most railroad workers are exposed to a variety of diesel fumes during the day. The fumes consist of soot particles as well as toxic chemicals. Exposure to these fumes could cause asthma and other lung illnesses.
For decades railroads have become aware of the risks associated with diesel exhaust. Many companies have not implemented adequate safeguards to protect their employees. Some railroad workers have developed respiratory diseases that are debilitating.
Excessive exposure to diesel fumes when coupled with other workplace hazards like asbestos, creosote, and silica can cause life-altering lung diseases, like asthma. These symptoms can often prevent railroad workers from returning to their work and may reduce the quality of their lives.
In one instance, our lawyers successfully represented the defense of a FELA lawsuit asserted by an engineer on the locomotive who claimed he was diagnosed with leukemia and other cancers due to exposure to toxic chemicals and diesel fumes while working on railroad equipment. The court granted summary judgement for the railroads in dispute. It ruled that Plaintiff did not conduct an adequate search for information regarding his condition at the time the disease was discovered, and that his claims are time-barred.
Dust
Rail workers are exposed to a variety of dusts, including silica from ballast and coal dust. They may also be exposed to petroleum or chemical fuels. These harmful substances can be harmful to health and can trigger respiratory illnesses like asthma.
Our FELA lawyer has helped a lot of people seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain ailments to claim their employers are accountable for failing to protect workers from hazardous workplaces.
For example for instance, a Montana jury gave $3.7 million to a former locomotive engineer who was suffering from the condition known as pulmonary fibrosis. It is a progressive 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 onset and 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 traverses the Gorge it pollutes habitats that are sensitive for plants and wildlife, wetlands, tributary rivers, and the Columbia River. BNSF has announced that it will stop bringing coal in the Gorge and in other locations.
Asbestos
Rail workers were exposed to dangerous chemicals for a long time. Although asbestos has been largely removed from the workplace, other toxic materials still remain. Chemical solvents, for instance are identified as causing asthma and other respiratory illnesses. Railroad workers are able to sue their employers to seek compensation.
In one instance the jury found that a 61-year old locomotive engineer was suffering from asthma caused by diesel because of his railroad work. The condition forced him to take medical leave, resulting in the loss of earnings. He also had to undergo two back surgeries, including an lumbar spinal fusion with multiple levels all of which resulted in significant medical costs.
He claimed that He was exposed to diesel exhaust fumes as well as strong smells. He also said he was exposed to silica particles chemical compounds, spray paints and black smoke. His chest tightened, his throat hurt and he experienced difficulties swallowing. He also was afflicted by allergies and chronic bronchitis.
The railroads prevailed in arguing that the release of the plaintiff in 1996 should not be barred from the new lawsuit as they knew of the risk being exposed to asbestos. Hughes Law Offices argued that the statute should be enacted until the plaintiff is diagnosed with cancer, to give him time to seek medical attention and determine if the condition is related to his job.
Poor Ventilation
If you or someone close to you has been diagnosed with lung disease, mesothelioma or any other type of cancer that could be linked to your employment in the railroad industry you might be able to bring a FELA lawsuit against the company that employed you. class action lawsuit against union pacific railroad may provide compensation for medical expenses, lost wages, and suffering and pain. Contact an Houston FELA attorney today to discuss your case.
A jury handed down $2.6 million to a former Conrail engineer in his occupational disease trial after determining what caused his asthma-related debilitating condition. The jury concluded that his exposure to exhaust fumes from diesel engines was almost every day while working in rail yards. The plaintiffs' lawyers argued that railroads failed in their duty to avoid exposure to diesel exhaust fumes by not putting in adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals, as well as diesel fumes. Asbestos and benzene as well as other carcinogens are frequently found in railroad maintenance and construction materials. These harmful materials can cause a variety of kinds of cancers as well as serious health issues, including asthma.
A Houston FELA attorney can help you make an employer accountable for their negligence if you suffer from asthma due to your railway work, or someone close to you has been diagnosed with cancer that may be related to the rail industry. Contacting a skilled attorney right away can help you maximize your chances of receiving the financial compensation you're entitled to for your losses and suffering.