Asthma Railroad Lawsuit
You may be entitled to compensation if railroad negligence led to your asthma or other lung disease. For more information, contact an experienced FELA attorney today.
Our client, who retired from engineer, developed asthma after decades of working as a crew member on locomotives and breathing diesel fumes. He successfully brought a suit against the railway corporation for violating FELA and Locomotive Inspection Act.
Exposure to Diesel Exhaust
Diesel exhaust fumes, also referred as diesel fumes or diesel smoke, are a toxic mixture of hundreds of chemicals created when diesel fuel is burned. Inhaling the exhaust can cause serious health problems, including asthma.
Railroad workers can spend up to 12 hours per day in diesel-powered locomotives and other railway vehicles. The locomotives are extremely noisy, and they emit large amounts of exhaust. The exhaust contains fine particles that are easily inhaled into the lungs. Inhaled particulates can cause a variety of symptoms like irritation of the eyes, wheezing, and coughing.
Researchers have long been aware of the dangers of being exposed to diesel fumes. Researchers have found that those who work for a long time around diesel engines are at greater chance of developing lung cancer. However prior studies have been undermined by limitations such as failure to keep tabs on smoking and other potential carcinogens. Kurt Straif, of the International Agency for Research on Cancer(IARC) was the lead researcher in the latest study that combined 11 previously published studies. The results revealed that diesel exposure among railroad workers, miners and others on the job is more likely to cause lung cancer.
Exposure to Asbestos
Asbestos is a class of naturally occurring fibrous minerals that are resistant to corrosion and heat. Asbestos, which was once popular as a building material for fireproofing and insulation but is now banned due to its health hazards. When asbestos products are disturbed, they release tiny fibers into air that can be breathed in. Inhaling these particles increases your likelihood of developing lung disease including mesothelioma, as well as asbestosis.
These diseases may not show symptoms for a period of 15 to 30 year after exposure to asbestos. People who work in asbestos-related positions like asbestos abatement and maintenance, custodial or insulation workers, are at a higher chance of exposure to asbestos.
If the lungs have been exposed to asbestos at high levels for a prolonged period, they develop scar tissue which does not function like healthy lungs. This can make breathing difficult. Certain of these diseases like mesothelioma or asbestosis, are fatal.
Railroad employees who are exposed to diesel fumes and asbestos may be suffering with occupational asthma which hinders workers from working. If this is the case the workers can seek compensation through filing an FELA lawsuit. To get assistance, contact an experienced attorney for railroad workers. We are willing to discuss your case at no charge to you. We only receive payment when you receive compensation.
Exposure to Chemicals
Many hazardous chemicals, including chlorine, are transported on trains. These chemicals may leak out during train accidents, derailments and other incidents. These fumes are usually inhaled by railroad workers as well as first responders.
Railroad workers also operate diesel-powered equipment, like backhoes or regulators, in areas that are not properly ventilated. They are exposed mixture of coal tar, diesel exhaust and Asthma Injury Settlements other chemical compounds like silica, creosote and creosote. In time, this could result in a range of lung diseases, including occupational asthma.
Asthma injury settlements (simply click the following page) can cause reduced quality of living and could limit your job possibilities. It is possible that you will need to undergo retraining, or may not be able find work in the first place. A skilled FELA lawyer can help you obtain the compensation you need for your particular condition.
Obtained summary judgment in favor of a railroad client in three cases in which former railroad employees claimed the development of lung or prostate cancer as a result of workplace exposures. In each case, the court found that the plaintiffs were not able to file their FELA claims within the statute of limitations applicable to those claims.
Exposure to Odors
Due to their work, railroad employees are often exposed mixtures of fumes. When a railroad worker works in a cramped locomotive cab with poor ventilation, they could be exposed to toxic materials like silica and asbestos, as well as diesel exhaust. This mixture of chemicals could result in pulmonary diseases like asthma, along with other diseases.
If railroad employees develop asthma as a result of negligence by their employers, they may be entitled compensation under FELA. Railroad workers are not entitled to worker’s comp, unlike regular employees. FELA is their only alternative to receive financial assistance for their illness.
Our FELA lawyer recently settled a dispute for Asthma Injury Settlements conductors who developed debilitating asthma after decades of working on and around diesel-powered locomotives. He was able to secure an enormous settlement after convincing the railroad company that his symptoms of occupational asthma were caused by toxic dusts, such as silica and diesel fumes. Our client’s FELA lawsuit also included an allegation of exposure to odors from other hazardous substances.