Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful fumes and chemicals such as asbestos and silica. These exposures may lead to respiratory diseases like asthma.
Fortunately, victims could be eligible for compensation under the Federal Employers' Liability Act. An asthma attorney for railroad lawsuits can assist. Here are some examples of settlements and verdicts.
Diesel Exhaust
Since trains run on diesel fuels, railroad employees are exposed all day to diesel fumes. These fumes comprise a mix of tiny particles of soot, gasses, and other harmful chemicals that can cause serious health problems. Exposure to these fumes can contribute to asthma and other lung diseases.
Since the beginning of time, railroads have been aware of the dangers posed by diesel exhaust. However many companies have failed to take the necessary steps to protect their employees. Some railroad workers have contracted respiratory diseases that are debilitating.
Exposure to diesel fumes, when combined with other workplace hazards such asbestos, creosote, and silica, can lead to life-changing lung diseases, including asthma. These ailments can prevent railroad workers from returning to work and may reduce the quality of their lives.
In one case the attorneys of our firm successfully defended the FELA claim brought by a former engineer who claimed that he had developed leukemia and other cancers as a result of the exposure to diesel fumes as well as other toxic chemicals when working on railway equipment. blacklands railroad lawsuit granted summary judgement for the defendant railroads. It ruled that Plaintiff had not made an appropriate search for information regarding his illness when he was diagnosed and that his claims are time-barred.
Dust
Railroad workers are often exposed to different kinds of dust, including silica from coal dust, ballast, and chemical fuels or petroleum. These toxic substances can be harmful to an individual's health and can cause respiratory illnesses, like asthma.
Our FELA lawyer has helped many people to seek compensation for their exposure. FELA permits workers suffering from certain illnesses to hold employers accountable for not protecting them from dangerous workplaces.
A Montana jury, for example it awarded $3.7 Million to a former engineer of the railroad who suffered from pulmonary fibroidsis. This is a lung condition that progresses due to scarring in lung tissue. In his FELA claim, it was claimed that the inhalation of diesel fumes hundreds, if no thousands of times contributed to the development and the progression of his lung condition. The testimony of experts for the defense did not convince jurors that the engineer's lung disease was due to an unrelated 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 habitats for wildlife and plants, stream tributary wetlands and the Columbia River with coal dust and debris. As a result of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Rail workers have been exposed to hazardous chemical substances for a long time. While asbestos has been eliminated from the workplace, some toxic materials still remain. Chemical solvents have been proven to cause asthma and respiratory ailments. This is the reason railroad employees are able to file lawsuits seeking damages from the companies that employed them.
In one instance in one case, a 61-year old engineer in the field of locomotives was awarded $2.6 million after a jury's verdict determined that his job at the railroad made him suffer from diesel asthma. This illness caused him to be placed on medical leave and lose his wages. He also required two back surgeries, which included an lumbar spinal fusion with multiple levels, all of which resulted in significant medical expenses.
He stated that while working on various railways he was continuously exposed to exhaust fumes from diesel engines, strong odors silica dust particles chemicals and spray paints including black smoke and welding and engine oil. His chest tightened, his throat ached, and he was having difficulty swallowing. He suffered from bronchitis and allergies too.
The railroads won the argument that release of the plaintiff in 1996 should be a bar to his new suit because he was aware of the dangers when he was exposed asbestos. Hughes Law Offices also argued that the statute of limitations should be extended until the plaintiff was diagnosed with cancer to allow him to seek medical treatment and determine if the condition was related to his work.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer mesothelioma, lung diseases, or other types of cancers that may be connected to work in the railroad industry, you may be entitled to file a lawsuit under FELA against the company which employed you. FELA lawsuits can provide compensation for medical costs loss of wages, suffering and pain and other damages. Contact an Houston FELA attorney today to discuss your case.
A jury gave $2.6 million to an ex- Conrail engineer in the course of his occupational disease trial after determining what caused the asthma he suffered from. The jury determined that his exposure to exhaust fumes from diesel engines was almost constant while crewing locomotives in rail yards. The plaintiff's attorneys argued that the railroad was unable to stop this type of exposure because they did not install proper ventilation in the cabs of locomotives.
Railroad workers are exposed to toxic chemicals and diesel fumes. Asbestos, benzene, and other carcinogens are commonly found in construction and maintenance materials. Sadly, these dangerous materials can cause many different cancers and serious illnesses, including respiratory diseases like asthma.
If you have asthma that arose due to your railway work, or If you are the parent of loved ones who have been diagnosed with cancer that could be related to the rail industry or a railroad, you should consult a Houston FELA lawyer can help you ensure that your employer is held accountable for their negligence. If you contact an experienced attorney as soon as possible, you can maximize your chances of obtaining the financial compensation you are entitled to for your pain and losses.