FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on the job can lead to pulmonary illnesses, such as asthma. union pacific settlements can assist you to in filing a claim for occupational disease against your railroad employer.
Two former railroad workers claim they lost their jobs due to respiratory illnesses that cause severe pain. The lawsuits allege that the years spent as locomotive engineers exposed them to toxins like gasoline and diesel exhaust silica dust particles, paint sprays, chemical compounds and.
FELA
Railroad employees must, however, file an claim under the Federal Employers Liability Act. FELA provides guidelines for recovering that are similar to those used for workers' compensation.
Railroad corporations must be held accountable when they expose their employees to exposures to toxic substances in the workplace and then trigger occupational diseases like mesothelioma and fibrosis, lung cancer, scleroderma, or other respiratory ailments. In contrast to workers' compensation claims, FELA suits are fault-based. This means that the railroad worker has to prove that the employer was negligent in a way. This high burden of proof is what makes FELA lawsuits a source of contention. In turn, railroads attempt to minimize their liability whenever possible.
FELA covers all railway employees employed by common carriers engaged in interstate commerce, including locomotive engineers, conductors yardmasters, signal keepers, trackmen/maintenance of way, bridge and building workers, welding technicians and electricians. There are exceptions for localized independent railroads that do not use their tracks to transport goods over long distances.
A competent FELA lawyer is crucial to assist a railroad employee succeed in bringing a lawsuit and hold the company responsible for their injuries. Benzene Lawyers has extensive experience in this area of law and is acquainted with the complexities that arise. For union pacific settlements -cost consultation contact us at 1-800-BENZENE today.
Occupational Diseases
A person could get sick due to exposure to toxic substances while at work. These conditions are also referred to as toxic lung disorders or occupational illnesses. The occupational diseases are usually difficult to recognize because the signs of many lung conditions do not manifest until long after a person has begun working at their job. This is due the long time between the latency period and toxins.
Medical research has to prove that the disease is the result of exposures to work. This is why it is important to seek legal representation as soon as you can if you suspect that you've contracted an illness or disease due to your job at the railroad.
Some workplace-related illnesses include benzene leukemia, fibrosis of the lung, chronic obstructive disease (COPD), and hypersensitivity pneumonitis. These illnesses result from inhalation of dusts, gasses, vapors fumes, and cigarettes smoke. Symptoms of these diseases vary according to the type of toxin being used and the size of particle that is inhaled.
Workers can also sustain musculoskeletal injury due to the physical nature of their job. These injuries are known as repetitive stress injuries, and can cause pain or weakness throughout the body. Rail workers, for example are often afflicted with tennis elbow or lateral epicondylitis. This injury leads to the tear of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is used by most locomotives, and so railroad workers are constantly exposed to diesel fumes. Diesel exhaust is full of pollutants, including particulate matter, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust can cause a myriad of medical issues which include asthma.
Smokers are more vulnerable to lung diseases such as COPD due to the toxins found in diesel exhaust. Studies on diesel exhaust have also found that the pollutant is an important risk factor for the development of cancer, particularly leukemia and non-Hodgkin lymphoma.
For a long time locomotives run constantly at train yards, dispersing large quantities of diesel exhaust into communities close to the railroad. Diesel exhaust is especially dangerous for the majority of working-class and minorities communities that are close to these railway yards.
The benzene content of diesel fuel and exhaust has been associated with leukemia in certain individuals, which is the reason railroads must be mindful to limit the amount of chemicals that are absorbed into their properties and ensure that their employees are properly trained on proper safety procedures. A congressman from the area recently asked Metrolink which is a commuter rail railroad located in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust that is released into the predominantly working-class areas near its maintenance yard.
Asthma
If long-term exposure to diesel exhaust leads to asthma-related pulmonary conditions, such as former and current railroad workers may have grounds for a claim against their employer. A successful FELA claim may allow for compensation for the physical, financial and emotional consequences of a pulmonary illness that is a result of work.
union pacific settlements can trigger a range of symptoms, including coughing, wheezing, tightness in the chest and breathlessness. It can also make daily activities difficult. In more severe asthma cases the patient could be admitted to a hospital due to respiratory failure.
Railroad companies have a duty to ensure that their employees are safe and healthy. Colon cancer lawsuit settlements includes ensuring that the locomotive cabs are adequately ventilated, using proper safety gear, and minimizing worker's exposure to harmful fumes. Failure to do this can cause occupational illnesses such as asthma and lung problems, including other respiratory illnesses.
If you suffer from moderate, mild, or severe asthma, which you believe was caused by your railroad work then you should consult an experienced New York railroad settlement attorney. The lawyer can assess the situation and determine if filing a FELA suit against your employer is in your best interest. A successful FELA claim could provide financial recovery for the negative effect of your condition on your career and life.