FELA and Railroad Settlement for Asthma
Asthma and pulmonary diseases can be caused by diesel fumes at the workplace. A FELA lawyer with experience can assist you in filing a claim for occupational disease against your railroad employer.
Two former railroad employees claim that they lost their jobs due to respiratory illnesses that cause severe pain. The lawsuits assert that their time as locomotive engineers exposed them to toxins such as gasoline and diesel exhausts, silica particles, chemical compounds and paint sprays.
FELA
Although most injured workers can make a claim for compensation through standard state workers laws railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovery similar to those in the case of workers' compensation claims.
Railroad corporations are accountable for occupational diseases such as mesothelioma and lung cancer. As opposed to workers' compensation cases, FELA suits are fault-based. This means that the railroad worker has to prove that the employer was negligent in any way. FELA lawsuits are litigious because of the burden of proof. Thus, railroad companies try to limit their liability whenever they can.
FELA covers all railway employees employed by common carriers engaged in interstate trade, including conductors, locomotive engineers yardmasters, signal keepers trackmen/maintenance of ways bridge and building workers, welders, and electricians. There are exceptions for localized independent railroads that do not utilize their tracks to transport goods over long distances.
A seasoned FELA lawyer is necessary to help railroad employees succeed in bringing a lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and know the complexities involved. For railroad back injury settlements -cost consultation contact us at 1-800-BENZENE.
Work-related Diseases
A person may develop a disease due to exposure to toxic substances while at work. These conditions are also known as toxic lung disorders or occupational illnesses. These conditions can be difficult to detect, since the signs of lung problems often do not show up until the time an individual starts working. This is due to the long latency periods associated with many contaminants.
Medical research has to prove that the illness is caused by work-related exposures. This is why it is important to seek legal counsel whenever you suspect that you've contracted an illness or disease as a result of your railroad work.
Examples of workplace-related illnesses include benzene leukemia, fibrosis and oedema of the lung, chronic obstructive lung disease (COPD), and hypersensitivity pneumonitis. Inhalation of gases and vapors, fumes and dusts, as well smoke from cigarettes can trigger these illnesses. The symptoms of these diseases may vary based on the type of toxin used and the size of the particle inhaled.
Workers may also suffer from musculoskeletal injuries due to the physical nature of their work. These kinds of injuries are referred to as repetitive stress injuries. They could cause weakness and pain in different parts of the body. Rail workers, for instance are often afflicted with lateral epicondylitis or tennis elbow. This injury causes the tears of the tendons within the upper arms.
Diesel Exhaust
Almost all locomotives use diesel fuel which means that most railroad workers are exposed to diesel fumes on an everyday basis. Diesel exhaust can contain a variety of pollutants, including particulate matter and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust can cause a variety of medical problems which include asthma.
The toxins present in diesel exhaust can be more harmful to those who smoke, which is the reason smokers are at greater risk of lung diseases like COPD. Research on diesel exhaust has also found that the pollutant is a risk factor in the development of cancer, specifically leukemia and non-Hodgkin's lymphoma.
Over the years locomotives have been operating continuously in train yards release a lot of diesel exhaust into the communities that surround railroads. Diesel exhaust is especially hazardous for the majority working-class and communities of minorities that are located near these railway yards.
The benzene found in diesel exhaust and fuel has been linked to leukemia in some individuals, which is the reason railroads should be vigilant to limit the amount of chemicals that are absorbed into their properties and ensure their employees are properly trained on appropriate safety procedures. For instance a congressman from the local area has recently urged commuter rail railroad Metrolink to conduct an assessment of risk for the exhaust from its diesel engine which is released into primarily working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA.
Asthma
Former and current railroad employees could be able to sue their employer in the event that long-term exposure causes pulmonary diseases such as asthma. A successful FELA claim may allow for compensation for the financial, physical and emotional impacts of a pulmonary illness that is a result of work.
Asthma symptoms include wheezing and coughing. They can also cause chest tightness and shortness of breath. It can make everyday activities difficult. In the case of more severe asthma it is possible to be admitted to a hospital due to respiratory failure.
It is the duty of railroad companies to ensure that their employees are healthy and safe. This means ensuring that locomotive cabs are adequately ventilated, using proper safety equipment, and limiting the exposure of workers to harmful fumes. Failure to do this can cause occupational diseases such as asthma and pulmonary problems, including other respiratory diseases.
If you suffer from moderate, mild, or severe asthma, that you believe was caused by your railroad job, you should consult an experienced New York railroad settlement attorney. The lawyer you choose to consult will assess your situation and help you determine if an FELA lawsuit against your employer is in your best interest. A successful FELA claim could provide financial recovery to compensate for the negative impact of your condition on your professional and personal life.