Efrain Monds спросил 2 года назад
FELA and Railroad Settlement for Asthma
Asthma and pulmonary diseases can be caused by diesel fumes at the workplace. A seasoned FELA lawyer can help you in filing a claim for occupational disease against your railroad company.
Two former railroad workers claim to have lost their livelihoods because of debilitating respiratory conditions. The lawsuits allege that the years spent working as locomotive engineers exposed them like gasoline and diesel exhaust silica dust particles chemical compounds and paint sprays.
FELA
Although most injured workers can submit a claim for compensation under standard state worker’ compensation statutes railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovering that are similar to those for workers’ compensation.
Railroad companies have to be held accountable if they expose their employees to harmful workplace exposures and then cause occupational diseases like mesothelioma and fibrosis, scleroderma, lung cancer or other respiratory illnesses. Unlike workers’ compensation cases, FELA suits are fault-based. This means that the railroad employee has to prove that the employer was negligent in some way. FELA lawsuits are tense because of the burden of evidence. Therefore, railroad companies try to limit their liability as often as possible.
FELA covers all railway workers employed by common carriers in interstate commerce. This includes locomotive engineers, conductors/yardmasters signal keepers, trackmen/maintenance of-way bridge and building workers electricians, welders, and welders. The exception is made for localized independent railroads which do not utilize their tracks to transport goods over long distances.
A competent FELA lawyer is essential to help railroad employees succeed in bringing a lawsuit and hold the company responsible for their injuries. Benzene Lawyers has extensive experience in this field of law and is familiar with the intricate issues that arise. Call 1-800-BENZENE for a free consultation.
Occupational Diseases
An individual can develop a condition due to exposure to toxic substances while at work. These are referred to as occupational diseases or toxic lung conditions. These conditions are often difficult to diagnose because the symptoms of many lung diseases do not show up until a long time after an individual has begun working at their job. This is due the long latency period associated with many contaminants.
To qualify as an occupational health condition, a disease must develop during the course of employment and the connection between exposures to work and the disease must be proven by medical research. This is why it is vital to seek legal advice as soon as you can if you suspect that you’ve acquired a health issue or disease due to your job at the railroad.
Work-related illnesses can include benzene leukemia, fibrosis and oedema of the lungs, chronic obstructive pulmonary disease (COPD), and hypersensitivity pneumonitis. Inhalation of gases and vapors, fumes and dusts aswell as cigarette smoke can cause these ailments. The symptoms of these illnesses can vary depending on the type of toxin used and particle size inhaled.
Workers may also suffer from injuries to their musculoskeletal system due to the physical nature of their work. These kinds of injuries are referred to as repetitive stress injuries. They could cause pain and weakness across different areas of the body. Rail workers, for example are often afflicted by lateral epicondylitis or tennis elbow. This injury causes the rupture of the tendons of the upper arms.
Diesel Exhaust
Diesel fuel is used in nearly all locomotives, railroad settlement laryngeal cancer meaning that railroad workers are exposed daily to diesel fumes. Diesel exhaust is a source of many pollutants, including particulate matter as well as 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 like COPD due to the toxins in diesel exhaust. Research on diesel exhaust has also proven that the pollution is an increased risk factor for developing cancer, particularly leukemia and non-Hodgkin’s lymphoma.
For a long time locomotives run constantly at train yards, dispersing lots of diesel exhaust into communities near the railroad. Diesel exhaust is particularly dangerous to the mostly minority and working class neighborhoods in the area where the rail yards are situated.
The benzene found in diesel fuel and exhaust is linked to leukemia. Railroads should limit their use of these chemicals and ensure that their employees are properly trained on safety procedures. For instance a congressman from the area has recently urged commuter rail Railroad Settlement Laryngeal Cancer — Sites.Google.Com — Metrolink to conduct a risk assessment of the diesel exhaust that is released into predominantly working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.
Asthma
If long-term exposure to diesel exhaust results in asthma or other pulmonary diseases, current and former railroad workers could have grounds to bring an action against their employer. A successful FELA case could allow for compensation for the emotional, financial and physical repercussions of a pulmonary condition.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness breath. It can also make life activities difficult. If the asthma is severe it is possible to be admitted to hospital due to respiratory failure.
It is the duty of railroad companies to ensure that their employees are healthy and safe. This includes providing adequate ventilation in locomotive cabs and ensuring the use of appropriate safety gear and limiting the exposure of workers to hazardous fumes. Failure to do so can lead to occupational diseases such as asthma and pulmonary problems, which can include other respiratory diseases.
If you suffer from a moderate, severe, or mild case of asthma caused by your employment on the railroad, you should discuss your case with a seasoned New York railroad settlement asthma lawyer. Your attorney can evaluate your situation and assist you to determine if you should file a FELA lawsuit against your employer is in your best interest. A successful FELA claim could provide financial recovery for the negative effects of your condition on your life and career.
