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FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can trigger pulmonary ailments, such as asthma. An experienced FELA lawyer can assist you to in filing a claim for occupational disease against your railroad company.
Two former railroad workers claim to lost their jobs due to respiratory illnesses that cause severe pain. Their lawsuits claim that the time they spent as locomotive engineers exposed them to toxic substances such as diesel and gasoline exhaust, silica dust particles, paint sprays and chemical compounds.
FELA
While most injured workers can seek compensation through standard state workers legislation railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to the ones for workers' compensation.
Railroad corporations are accountable when they expose their employees to exposures to toxic substances in the workplace which can cause occupational diseases like mesothelioma fibrosis, mesothelio lung cancer, scleroderma or other respiratory ailments. Unlike workers' compensation cases, FELA suits are fault-based. This means that the railroad worker needs to prove that the employer was negligent in a way. FELA lawsuits are tense due to the high burden of the burden of proof. Railroad companies therefore try to limit their liability whenever they can.
FELA covers all railway workers employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance-of way bridge and building workers, welders, and electricians. Localized independent railroads that do not transport goods long distances are not covered by FELA.
A knowledgeable FELA attorney is essential to assist a railroad worker succeed in bringing a lawsuit against the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and comprehend the complicated issues that arise. Call 1-800-BENZENE for a free consultation.
Work-related Diseases
A person may develop a condition due to occupational exposure to toxic materials. asbestos lung cancer settlement are also known as toxic lung disorders or occupational illnesses. The occupational diseases are usually difficult to detect due to the fact that the signs of many lung diseases do not show up until long after a person has begun working at their job. This is due to the long time between the latency period and toxins.
Medical research has to prove that the disease is a result of exposure to work. Lymphoma lawsuit settlement is important to seek legal advice whenever you suspect that you may have been diagnosed with a condition or disease because of your railroad work.
Examples of workplace-related illnesses include benzene leukemia, fibrosis of lungs, chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis. Inhalation of vapors and gases fumes and dusts as well as cigarette smoke can cause these diseases. The symptoms of these illnesses may vary based on the type of toxin used and the size of the particles inhaled.
Workers can also suffer from muscle and skeletal injuries as a result of the physical demands of their jobs. These injuries are known as repetitive stress injuries, and can cause pain or weakness in various parts. Rail workers, for example are often afflicted with lateral epicondylitis or tennis elbow. lung cancer settlements leads to the rupture of the tendons of the upper arms.
Diesel Exhaust
The majority of locomotives utilize diesel fuel which means that the majority of railroad employees are exposed to diesel exhaust on a daily basis. Diesel exhaust is a source of many pollutants, including particulate material and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust can cause a variety of medical problems that include asthma.
Smokers are more prone to lung diseases like COPD due to the toxins in diesel exhaust. Research on diesel exhaust has also found that the pollutant is a risk factor for developing cancer, including leukemia as well as non-Hodgkin lymphoma.
Over the decades, locomotives have been running all the time in train yards, releasing a large amount of diesel exhaust into the communities that surround railroads. Diesel exhaust is particularly dangerous for the majority of working-class and minority neighborhoods located near these railroad yards.
The benzene in diesel fuel and exhaust is linked to leukemia. Railroads should limit the use of these chemicals and ensure that their employees are educated on safety procedures. For instance local congressman has recently asked the commuter rail railroad Metrolink to conduct an assessment of the risks associated with diesel exhaust which is released into primarily working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA.
Asthma
If long-term exposure to diesel exhaust results in asthma or other respiratory disorders or bronchitis, former and current railroad workers may have grounds for an action against their employer. A successful FELA case could provide compensation for the emotional, financial and physical consequences of a lung disorder.
Asthma can cause a variety of symptoms, including coughing, wheezing and tightness in the chest and shortness of breath. It can also make everyday activities difficult. In more severe cases, asthma may cause someone to be hospitalized for respiratory failure.
Railroad companies are obliged to keep their employees safe and healthy. This includes ensuring adequate ventilation in the cabs of locomotives and ensuring the use of appropriate safety gear and limiting exposure of workers to harmful fumes. Failure to comply with this can cause occupational health issues like asthma, pulmonary ailments and other respiratory diseases.
If you suffer from moderate, mild or severe asthma which you believe was caused by your railroad work then you should consult an expert New York railroad settlement attorney. The lawyer can assess the situation and determine if a FELA lawsuit against your employer is your best option. A successful FELA lawsuit could result in an amount of money to compensate for the negative impact your condition has had on your career and life.