Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful fumes and chemicals like asbestos and silica. These exposures can cause lung diseases, such as asthma.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). A railroad lawsuit asthma attorney can aid. Here are some examples of settlements that have been successful and verdicts.
Diesel Exhaust
Since trains operate on diesel fuels railroad workers are exposed throughout the day to diesel fumes. These fumes are composed of tiny soot particles gases and other toxic chemicals that could cause serious health issues. Exposure to these fumes may be a contributing factor to the development of asthma and other lung diseases.
Since decades railroads have been conscious of the dangers that come with diesel exhaust. However the majority of companies have failed to take the necessary steps to protect their employees. Some railroad workers have contracted respiratory ailments that can be crippling.
When combined with other workplace hazards, such as asbestos, silica or creosote, exposure to diesel fumes can result in the development of life-threatening pulmonary diseases, including asthma. These symptoms could prevent railroad workers from returning back to their jobs and may even reduce their quality of life.
In one case our attorneys successfully secured the rights of a FELA lawsuit brought by a locomotive engineer who claimed that he had developed leukemia, and other cancers because of exposure to toxic chemicals and diesel fumes when working on railroad equipment. The court granted summary judgment for the railroads that were defendants. The court ruled that Plaintiff had not made an informed search regarding his illness when the disease was discovered, and that the claims he made are time-barred.
Dust
Railroad workers are often exposed to various kinds of dust, including silica from coal dust, ballast and petroleum or chemical fuels. These toxic substances can be harmful to an individual's health and can cause respiratory diseases, such as asthma.
Our FELA lawyer has helped a number of people pursue compensation for exposure to these substances. FELA allows those suffering from certain illnesses to hold employers accountable for not protecting them from unsafe workplaces.
For example the case of a Montana jury handed down $3.7 million to a former engineer of the locomotive who was afflicted with pulmonary fibrosis, which is a progressive lung disease caused by scarring of lung tissue. class action lawsuit against railroads claimed that breathing diesel exhaust on hundreds, if not thousands, of occasions contributed to the development of his lung disease. The testimony of the defense experts failed to convince jurors that the locomotive engineer’s lung disease was due to some other source.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Each time a train travels through the Gorge it pollutes habitats for wildlife and plants, stream tributary wetlands and the Columbia River with coal dust and debris. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Railroad workers have been exposed to dangerous chemicals. Other toxic materials remain in the workplace even when asbestos has been removed. Chemical solvents, for example are identified as causing asthma and respiratory diseases. Railroad workers are able to sue their employers to seek compensation.
In one case one case, a 61-year-old engineer in the field of locomotives was awarded $2.6 million after a jury verdict found that his work at the railroad made him suffer from diesel asthma. The condition forced him to take medical leave, resulting in a loss of wages. He also had two back surgeries including a multilevel lumbar spine fusion. All of this added up to substantial medical expenses.
He stated that his body was constantly exposed to diesel exhaust fumes as well as strong smells. He also stated that the environment was constantly exposed to silica particles as well as chemical compounds, spray paints, and black smoke. The chest tightened, the throat ached, and he was having difficulties swallowing. He also suffered from allergies and chronic bronchitis.
Railroads successfully argued that the plaintiff's 1996 release should bar his new lawsuit because he knew about the risk when he was exposed asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be tolled until the plaintiff was diagnosed with cancer in order to give him the opportunity to seek medical attention and determine if the condition was related to his work.
Poor Ventilation
If you or someone close to you has been diagnosed with mesothelioma or lung disease or any other type of cancer that could be linked to your employment in the railroad industry you might be able bring a FELA lawsuit against the company that employed you. FELA lawsuits can provide compensation for medical costs as well as lost wages, suffering and pain, as well as other damages. Contact an Houston FELA lawyer today to discuss your case.
A jury awarded $2.6 million to an ex- Conrail engineer in his occupational illness trial after determining the source of his debilitating asthma. The jury determined that his exposure to diesel exhaust fumes was almost continuous while working with locomotives in rail yards. The plaintiffs' lawyers argued that railroads failed to protect themselves from exposure to diesel exhaust fumes by not putting in adequate ventilation in locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they also frequently come into contact toxic chemicals and other harmful substances while doing their jobs. In construction and maintenance materials asbestos, benzene, and other carcinogens are found. These hazardous materials can lead to many kinds of cancers, as well as serious health issues like asthma.
If you suffer from asthma that was brought on by your job on the railroad or If you are the parent of family members who have been diagnosed with cancer that could be linked to the rail industry, you should consult a Houston FELA lawyer can help you make your employer accountable for their negligence. By contacting a seasoned lawyer as soon as you can you will have the best chances of getting the financial compensation that you deserve for your suffering and losses.