FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on working can lead to lung ailments, such as asthma. A FELA lawyer with expertise can assist you in filing a claim for occupational disease against your railroad employer.
Two former railroad employees claim they've lost their job after suffering from debilitating breathing disorders. union pacific settlements claim that the time they spent working as locomotive engineers exposed them 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 laws railroad employees have to seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to the ones for workers' compensation.
Railroad companies must be held accountable when they expose their employees to harmful workplace exposures which can cause occupational diseases like mesothelioma and fibrosis, lung cancer, scleroderma or other respiratory illnesses. In contrast to workers' compensation claims, 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 contentious due to the high burden of evidence. Railroad companies therefore attempt to reduce their liability whenever they can.
FELA covers all railway employees employed by common carriers in interstate commerce. This includes locomotive engineers, conductors yardmasters, signal maintenanceers trackmen/maintenance of ways, bridge and building workers, welders, and electricians. Exceptions are made for localized independent railroads that do not utilize their tracks to transport goods over long distances.
A skilled FELA attorney is crucial to help railroad workers successfully sue the company responsible for their injuries. Benzene Lawyers has extensive experience in this field of law and is well-versed with the complex issues that are involved. Contact us at 1-800-BENZENE to schedule a no-cost consultation.
Occupational Diseases
An individual can develop a disease due to exposure to toxic substances while at work. These conditions are also known as toxic lung disorders or occupational diseases. The occupational diseases can be difficult to recognize, as the symptoms of lung disorders usually do not appear until the time an individual begins working. This is due to the long period of latency that is associated with many contaminants.
To be deemed an occupational illness, a disease must develop during the course of employment. Additionally, the connection between exposures to work and the condition must be established by medical research. It is important to seek legal counsel when you suspect that you've developed a disease or illness because of your railroad work.
Some workplace-related illnesses include benzene leukemia, fibrosis in the lung, chronic obstructive respiratory disease (COPD), and hypersensitivity pneumonitis. These diseases result from inhalation of dusts, gasses, vapors, fumes, and cigarette smoke. The symptoms of these diseases can vary depending on the toxin type and particle size that has been inhaled.
Workers may also experience muscles-related injuries due to the physical demands of their work. These kinds of injuries are known as repetitive stress injuries. They may cause weakness and pain throughout the body. For example, rail workers frequently suffer from lateral epidondylitis (tennis elbow) which results in the tearing of tendons in the upper arm.
union pacific settlements is used by nearly all locomotives, meaning that railroad workers are exposed daily to diesel fumes. Because diesel exhaust is full of contaminants, including particulate matter volatile organic compounds, and toxic metals, exposure over a long period can result in a variety of health problems, including asthma.
The toxins present in diesel exhaust may be more harmful to those who smoke, which is why smokers are at greater risk of lung diseases like COPD. The toxins in diesel exhaust is also a risk factor for the development of cancer, especially leukemia and non Hodgkin lymphoma.
Over the decades locomotives have been operating continuously in train yards releasing a large amount of diesel exhaust into communities surrounding railroads. This diesel exhaust is particularly dangerous to the largely minority and working class neighborhoods in the area where the rail yards are situated.
The benzene in diesel exhaust and fuel is linked to leukemia. Railroads should limit the use of these chemicals and ensure that their employees are educated on safety procedures. A local congressman recently asked Metrolink, a commuter rail railroad in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust that is released into the mostly working-class neighborhoods surrounding its maintenance yard.
Asthma
Railroad workers who are currently or former could be able to sue their employer if prolonged exposure leads to pulmonary disorders such as asthma. union pacific settlements could result in compensation for the financial, emotional and physical impacts of a work related respiratory disorder.
Asthma can cause a variety of symptoms, such as wheezing, coughing, chest tightness and breath shortness. It can also make everyday activities difficult. If the asthma is severe it is possible to be hospitalized due to respiratory failure.
Railroad companies are required to keep their employees safe and healthy. This includes ensuring that cabins of locomotives are properly ventilated, using proper safety gear, and limiting exposure to harmful fumes. Inability to do this could result in occupational illnesses such as asthma, pulmonary problems and other respiratory illnesses.
If you suffer from mild, moderate or severe asthma that you believe was due to your railroad work it is recommended that you consult an expert New York railroad settlement attorney. The lawyer can assess the situation and determine whether a FELA lawsuit against your employer would be beneficial for you. A successful FELA lawsuit could award financial compensation for the negative impact that your condition has had on your professional and life.