Railroad Lawsuits and Asthma Rail workers are often exposed to harmful chemicals and fumes such as asbestos and silica. These exposures can cause respiratory diseases like asthma. Fortunately, victims could be entitled to 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 operate on diesel fuels railroad workers are constantly exposed to diesel fumes. These fumes are composed of tiny particles of soot, gases and other toxic chemicals that can cause serious health problems. Exposure to these fumes may cause asthma and other lung illnesses. For decades, railroads have been aware of the dangers that come with diesel exhaust. However, many companies have not taken the necessary steps to protect their employees. In the end, a few railroad workers have suffered from respiratory diseases that are debilitating. Excessive exposure to diesel fumes when combined with other workplace hazards such asbestos, creosote and silica can trigger life-altering lung diseases, such as asthma. These symptoms can often prevent railroad workers from returning to their jobs and can affect the quality of their lives. In one instance the attorneys of our firm successfully defended a FELA claim by a former locomotive engineer who claimed to have developed leukemia and other cancers as a result of the exposure to diesel fumes and other toxic chemicals when working on railway equipment. The court granted summary judgment for the railroad defendants, deciding that Plaintiff did not conduct an adequately thorough search for information about his illness at the time of diagnosis, and that his claims were barred by time. Dust Rail workers are exposed to many dusts, such as silica dust from ballast and coal dust. They can also be exposed to chemical or petroleum fuels. These toxic substances can be harmful to the health of workers and can lead to respiratory diseases like asthma. Our FELA lawyer has assisted a number of people get compensation for their exposure. FELA permits workers suffering from certain diseases to hold employers accountable for failing to protect workers from hazardous workplaces. A Montana jury, for example, awarded $3.7 Million to a former engineer of the railroad who was suffering from pulmonary fibroidsis, which is a lung condition that progresses due to scarring of lung tissue. The defendant's FELA claim alleged that breathing diesel exhaust on hundreds or even thousands of occasions led to the development of his lung disease. Jurors were not persuaded by the testimony of defense experts that the engineer's lung illness could have a different source. Similar to this, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Every time a train travels through the Gorge it pollutes the habitats for plants and wildlife, wetlands, tributary rivers, and the Columbia River. BNSF has agreed to stop transporting coal in the Gorge, and other locations. Asbestos Railroad workers have been exposed to hazardous chemicals. Other toxic substances remain in the workplace, even after asbestos has been removed. Chemical solvents, for example are found to cause asthma and other respiratory illnesses. This is the reason railroad employees can file lawsuits in order to recover damages from the companies that employed them. In one instance the 61-year-old engineer for the locomotive received $2.6 million after a jury's verdict determined that his work on the railroad caused him to suffer from diesel asthma. This illness forced him to take medical leave, resulting in a loss of earnings. He also required two back surgeries, including an lumbar spinal fusion that was multi-level, all of which added up to a significant amount of medical costs. He stated that the air he breathed was constantly contaminated with diesel exhaust fumes as well as strong odors. He also stated that he was constantly exposed to silica particles and chemical compounds, as well as spray paints and black smoke. His chest tightened and throat hurt. He also had trouble swallowing. He was suffering from bronchitis and allergic rhinitis, too. The railroads won the argument that release of the plaintiff from 1996 should block his new suit because he knew the risk when he was exposed asbestos. Hughes Law Offices argued that the statute should be tolled up until the plaintiff is diagnosed with cancer, to allow him to seek medical care and determine if his condition is related to his work. Poor Ventilation If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or other forms of cancer that could be related to working in the railroad industry, then you may be able to file an action under FELA against the company which employed you. FELA lawsuits may award compensation for medical costs loss of wages, pain and suffering, and other damages. Contact a Houston FELA attorney today to discuss your case. A jury gave $2.6 million to an ex- Conrail engineer in the case of occupational diseases after determining the root of his asthma-related debilitating condition. The jury concluded that his exposure to diesel exhaust fumes was every day while working in rail yards. The lawyers for the plaintiffs argued that railroads failed in their duty to avoid exposure to diesel exhaust by not installing adequate ventilation in locomotive cabs. In addition to the diesel fumes that railroad workers breathe, they also frequently come in contact with toxic chemicals and other harmful substances while doing their jobs. In class action lawsuit against railroads and maintenance of railroad materials, asbestos, benzene and other carcinogens may be found. Sadly, these toxic substances can cause a myriad of cancers as well as other serious health conditions, including pulmonary conditions like asthma. If you suffer from asthma that was brought on by your work on the railroad, or when you have a loved one who has been diagnosed with cancer that may be related to the rail industry in any way, an Houston FELA lawyer can help you make your employer accountable for their incompetence. If you contact an experienced attorney as soon as possible to maximize your chances of receiving the financial compensation you are entitled to for your pain and losses.
class action lawsuit against railroads
