Railroad Lawsuits and Asthma
Railroad workers are frequently exposed to fumes and toxic chemicals such as creosote, silica, and asbestos. These exposures can lead to lung diseases, such as asthma.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). A good railroad lawsuit asthma lawyer can aid. Find out more about some examples of verdicts and settlements.
Diesel Exhaust
Since trains operate on diesel fuels railroad employees are exposed all 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 cause asthma and other lung illnesses.
For decades railroads have been conscious of the dangers posed by diesel exhaust. However numerous companies have failed to take appropriate measures to protect their employees. This is why some railroad workers have been diagnosed with respiratory diseases that are debilitating.
When combined with other workplace hazards, such as asbestos, silica or creosote exposure to diesel fumes could cause the development of life-changing pulmonary diseases, including asthma. These ailments can stop railroad workers from returning to their jobs, and could even affect their overall health.
In one instance, our lawyers successfully represented the defense of a FELA lawsuit filed by an engineer on the locomotive who claimed he contracted leukemia and other types of cancer as a result of exposure to toxic chemicals and diesel fumes while working on railroad equipment. The court granted summary judgement on behalf of the railroads. It decided that Plaintiff did not conduct an adequate search for information about his condition when he was diagnosed and that his claims are time-barred.
Dust
Rail workers are exposed to different dusts, including silica from ballasts and coal dust. They can also be exposed to chemical or petroleum fuels. These toxic substances can be harmful to health and can cause respiratory ailments like asthma.
Our FELA attorney has assisted many people seek compensation for exposure to these substances. FELA allows workers with certain diseases to hold their employers accountable for failing to protect them from dangerous workplaces.
For instance the case of a Montana jury gave $3.7 million to a former locomotive engineer who was diagnosed with lung fibrosis, a chronic lung disease that is caused due to scarring of the lung tissue. The defendant's FELA claim alleged that the inhalation of diesel exhaust on a number of, if not thousands, of occasions led to the development of his lung disease. The testimony of the defense experts did not convince jurors that the locomotive engineer’s lung disease was caused by another cause.
Similarly, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train crosses the Gorge it pollutes sensitive habitats for plants and wildlife, such as wetlands, tributary rivers and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other areas.
railroad workers cancer lawsuit were exposed to dangerous chemicals for a long period of time. Other toxic substances remain in the workplace even after asbestos has been removed. Chemical solvents for example, have been known to cause asthma and other respiratory illnesses. Railroad employees may sue their employers to seek compensation.
In one instance the jury ruled that a locomotive engineer aged 61 was suffering from asthma caused by diesel because of his railroad work. The condition forced him to take medical leave, resulting in loss of wages. He also had two back surgeries including an lumbar spine fusion that was multi-level. All of this added up to significant 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 chemical compounds, spray paints and black smoke. The chest tightened up and his throat hurt. He also had difficulty swallowing. He suffered from allergies and bronchitis, as well.
The railroads successfully argued that the releases signed by the plaintiff in 1996 should be void for his new suit since he knew of the risk at the time 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 chance to seek medical attention and determine if his illness was related to his employment.
Poor Ventilation
If you or someone close to you has been diagnosed with lung disease, mesothelioma or any other type of cancer that may be related to your work in the railway industry, you might be able bring a FELA lawsuit against the company that employed you. FELA lawsuits may provide compensation for medical costs and lost wages, as well as suffering and pain, 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 course of his occupational disease trial after determining the root of his chronic asthma. The jury found that his exposure to diesel exhaust fumes was almost constant while crewing locomotives in rail yards. The lawyers for the plaintiff argued that the railroad was unable to protect against this kind of exposure by not putting in proper ventilation in the locomotive cabs.
Railroad workers are exposed toxic chemicals and diesel fumes. Asbestos, benzene and other carcinogens can be found in railroad maintenance and construction materials. These hazardous materials can cause a variety of kinds of cancers and serious health conditions including asthma.
If you have asthma that arose due to your work on the railroad, or when you have a loved one who has been diagnosed with cancer that could be linked to the railroad industry or a railroad, a Houston FELA lawyer can help you make your employer accountable for their incompetence. If you contact an experienced lawyer as soon as you can you will have the best chances of getting the financial compensation that you are entitled to for your pain and losses.