Railroad Lawsuits and Asthma
Rail workers are frequently exposed to toxic chemicals and fumes like silica and asbestos. These exposures can lead to respiratory disorders like asthma.
Fortunately, victims may be entitled to compensation under the Federal Employers' Liability Act. A good railroad lawsuit asthma lawyer will help. Here are a few examples of settlements that have been successful and verdicts.
Diesel Exhaust
Since trains run on diesel fuel, a majority of railroad workers are exposed to a variety of diesel fumes during the day. These fumes contain a mixture of tiny soot particles gases and other toxic chemicals that can cause serious health problems. Exposure to these fumes could cause the development of asthma and other pulmonary diseases.
Since decades railroads have become aware of the risks associated with diesel exhaust. Many companies have not taken the proper precautions to protect their employees. In the end, a few railroad workers have been diagnosed with respiratory illnesses that are a major cause of death.
Exposure to diesel fumes, when coupled with other workplace hazards, such as asbestos, creosote and silica can cause life-altering lung diseases, including asthma. These conditions can hinder railroad workers from returning to work, and may even decrease their overall health.
In one instance our lawyers successfully defended a FELA claim by a former locomotive engineer who claimed to have contracted 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 in favor of the defendant railroads, ruling that Plaintiff did not make an adequately thorough research into the details of his condition at the time of diagnosis and the claims were time-barred.
Dust
Railroad workers are exposed to various types of dust, including silica from coal dust, ballast and chemical or petroleum fuels. These toxic substances can cause harm to one's health and can cause respiratory illness, such as asthma.
Our FELA attorney has helped many people seek compensation for exposure to these substances. FELA allows employees suffering from certain illnesses to hold employers accountable for failing to protect them from dangers in their 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 claimed that breathing diesel exhaust on hundreds or even thousands of occasions led to the development of his lung disease. The testimony of experts for the defense did not convince jurors that locomotive engineer's lung disease was due to a different reason.
In the same way, 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 wildlife and plants, the wetlands, tributary rivers and the Columbia River. BNSF has agreed to stop transporting coal through the Gorge and in other locations.
Asbestos
Rail workers have been exposed to dangerous chemicals for a lengthy period. While asbestos has been eliminated from the workplace, some toxic substances are still. Chemical solvents for example are recognized to cause asthma and other respiratory illnesses. This is the reason railroad workers may file lawsuits to recover damages from the companies that hired them.
In one case the jury determined that a locomotive engineer aged 61 was suffering from diesel asthma due to his railroad work. This condition forced him take medical leave, resulting in the loss of wages. He also had to undergo two back surgeries, which included a multi-level lumbar spinal fusion, all of which resulted in significant medical expenses.
He stated that his body was constantly exposed to diesel exhaust fumes and strong odors. He also stated that he was constantly exposed to silica particles as well as chemical compounds, spray paints and black smoke. Leukemia lawsuit tightened, his throat ached and he had trouble swallowing. He suffered from bronchitis and allergies too.
The railroads successfully argued that the releases signed by the plaintiff in 1996 should not bar his lawsuit because he was aware of the risk at the time he was exposed asbestos. Hughes Law Offices argued that the statute should be extended until the plaintiff is diagnosed with cancer to allow him time to seek medical care and determine if his illness is connected to his work.
Poor Ventilation
If you or someone close to you has been diagnosed with mesothelioma or lung disease or any other cancer that could be linked to your job in the railroad industry, you might be able to make a FELA lawsuit against the company which employed you. FELA lawsuits could award compensation for medical expenses, lost wages, and pain and suffering. Contact an Houston FELA lawyer today to discuss your case.
A jury has awarded an ex- Conrail engineer $2.6 million in his occupational illness trial after finding that the retiree's asthma-related problems were caused by his frequent exposure to diesel exhaust fumes while working on rail yards to work with locomotives. The lawyers for the plaintiff argued that the railroad was unable to stop this type of exposure through the lack of adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals, as well as diesel fumes. Asbestos and benzene as well as other carcinogens are frequently found in construction and maintenance materials. These harmful substances can cause many kinds of cancers as well as serious health issues, including asthma.
A Houston FELA attorney can help you hold an employer accountable for their negligence in the event that you suffer from asthma due to your railway work, or someone you love has been diagnosed with cancer that may be linked to rail industry. By contacting an experienced attorney as soon as possible you will have the best chances of getting the financial compensation you deserve for your suffering and losses.