Railroad Lawsuits and Asthma
Rail workers are often exposed to toxic fumes and chemicals like asbestos and silica. These exposures can trigger lung diseases, such as asthma.
Fortunately, victims could be eligible for compensation under the Federal Employers' Liability Act. An asthma attorney for railroad lawsuits can help. Read on for some examples of successful verdicts and settlements.
Diesel Exhaust
Because trains are powered by diesel fuels, railroad workers are exposed throughout the day to diesel fumes. These fumes comprise a mix of tiny particles of soot, gases and other toxic chemicals that can cause serious health problems. The exposure to these fumes can cause the development of asthma and other pulmonary illnesses.
Railroads have known about the dangers of exposure to diesel exhaust for decades. Many companies haven't implemented adequate safeguards to protect their employees. Certain railroad workers have developed respiratory illnesses that can be debilitating.
In conjunction with other workplace hazards, such as asbestos, silica or creosote exposure to diesel fumes can cause the development of life-altering pulmonary diseases, including asthma. These symptoms could prevent railroad workers from returning to their jobs, and can even impact their life quality.
In one instance, our attorneys successfully defended a FELA claim asserted by a former locomotive engineer who claimed to have contracted leukemia and other cancers due to the exposure to diesel fumes and other toxic chemicals while working on railway equipment. The court granted summary judgement for the railroad defendants, deciding that Plaintiff did not make an intelligent search for information about his illness at the time of diagnosis, and that his claims were not time-barred.
Dust
Railroad workers are often exposed to different kinds of dust, such as silica from coal dust, ballast, and petroleum or chemical fuels. These toxic substances pose a threat to health and can cause respiratory diseases like asthma.
Our FELA lawyer has helped a number of people seek compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain diseases to claim their employers are accountable for their failure to protect workers from hazardous work environments.
A Montana jury, for example it awarded $3.7 Million to an engineer from the past who suffered from pulmonary fibroidsis. This is a progressive lung condition that is caused by scarring in the lung tissue. In his FELA claim, the plaintiff claimed that inhaling diesel fumes hundreds or perhaps thousands of times, contributed to the onset and progression of his lung disease. The testimony of defense experts did not convince jurors that the locomotive engineer’s lung disease was caused by a different cause.
Similar to this, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Each time a train crosses the Gorge it pollutes the habitats for plants and wildlife, such as wetlands, tributary rivers and the Columbia River. BNSF has agreed to stop transporting coal through the Gorge, and other locations.
railroad class action lawsuit have been exposed to hazardous chemicals. While asbestos has been largely eliminated from the workplace, other toxic materials still remain. Chemical solvents, like are known to cause asthma and respiratory diseases. This is the reason railroad employees may file lawsuits to recover damages from the companies that hired them.
In one case the jury determined that a 61-year-old locomotive engineer was suffering from asthma caused by diesel due to his work in the railroad. This condition forced him take medical leave, which resulted in a loss of wages. He also was required to undergo two back surgeries, including the multi-level lumbar spine fusion, all of which added up to a significant amount of medical costs.
He stated that while working on various railways he was continuously exposed to diesel exhaust fumes strong smells silica dust particles chemical compounds and spray paints as well as black smoke and motor grease, welding and engine oil. His chest tense and his throat hurt. He also had trouble swallowing. He was suffering from bronchitis and allergies too.
The railroads successfully argued the releases the plaintiff signed in 1996 should be void for his new suit since he was aware of the danger at the time he was exposed to asbestos. Hughes Law Offices argued that the statute should be tolled until the plaintiff is diagnosed with cancer in order to allow him to seek medical care and determine if his condition is related to his work.
Poor Ventilation
If you or someone near you has been diagnosed with mesothelioma, lung disease or another type of cancer that may be related to your employment in the railroad industry, you might be able bring a FELA lawsuit against the company which employed you. FELA lawsuits can award compensation for medical expenses, lost wages, and suffering and pain. Contact an Houston FELA lawyer today to discuss your case.
A jury awarded an ex- Conrail engineer $2.6 million in the course of his occupational illness trial after concluding that the retiree's debilitating asthma was caused by the constant exposure to diesel exhaust fumes while crewing locomotives at rail yards. The plaintiff's lawyers claimed that the railroad failed to stop this kind of exposure by not installing adequate ventilation in the 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 in their jobs. In railroad maintenance and construction material asbestos, benzene, and other carcinogens can be found. These dangerous materials can cause a variety of types of cancers and serious health issues like asthma.
A Houston FELA attorney can help you to hold an employer accountable for their negligence when you suffer from asthma due to your railway work, or if someone close to you has been diagnosed with a cancer that may be related to rail industry. By contacting a seasoned attorney as soon as possible you will increase your chances of obtaining the financial compensation you are entitled to for your pain and losses.