Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful fumes and chemicals such as asbestos and silica. The exposures could cause respiratory diseases like asthma.
Fortunately, victims can claim compensation under the Federal Employers' Liability Act (FELA). A good railroad lawsuit asthma lawyer will aid. Here are a few examples of successful settlements and verdicts.
Diesel Exhaust
Since trains operate on diesel fuel, the majority of railroad workers are exposed variety of diesel fumes throughout the day. These fumes are composed of soot particles, as well as toxic chemicals. Exposure to these fumes could contribute to asthma and other lung illnesses.
Since decades railroads have been aware of the dangers posed by diesel exhaust. However many companies have failed to take adequate steps to protect their employees. Railroad workers have been diagnosed with respiratory illnesses that are debilitating.
Exposure to diesel fumes when coupled with other workplace hazards such as asbestos, creosote and silica, can lead to life-changing lung diseases, including asthma. These ailments can prevent railroad workers from returning to their work and may reduce the quality of their lives.
In one instance our lawyers successfully defended the FELA claim asserted by a former engineer who claimed that he had developed leukemia and other cancers as a result of his exposure to diesel fumes as well as other toxic chemicals while working on railway equipment. The court granted summary judgment in favor of the railroads in question, 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 frequently exposed to a variety of dust, such as silica from coal dust, ballast, and chemical or petroleum fuels. These toxic substances are harmful to health and can cause respiratory ailments like asthma.
Our FELA attorney has helped a lot of people seek compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with a specific illness to demand accountability from their employers for failing to safeguard them from dangerous work environments.
For instance an Montana jury handed down $3.7 million to an engineer from the past who was afflicted with the condition known as pulmonary fibrosis. It is a progressive lung disease caused by scarring of the lung tissue. The defendant's FELA claim claimed that inhaling diesel exhaust on hundreds, if not thousands, of occasions led to the development of his lung disease. The testimony of the experts for the defense did not convince jurors that locomotive engineer's lung disease was due to a different cause.
In the same way, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Every time a train traverses the Gorge it pollutes the habitats for wildlife and plants, the wetlands, tributary rivers and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Railroad workers have for a long time been exposed to dangerous chemicals. Other toxic substances remain in the workplace even although asbestos has been removed. Chemical solvents for example, have been known to cause asthma and other respiratory illnesses. This is the reason railroad employees can file lawsuits in order to recover damages from the companies that employed them.
In one case, a 61 year old engineer in the field of locomotives was awarded $2.6 million after a jury's verdict determined that his work on the railroad made him suffer from diesel asthma. This condition forced him take medical leave, which resulted in the loss of wages. He also underwent two back surgeries including an lumbar spine fusion that was multi-level. All of this added up to huge medical expenses.
He said the air he breathed was constantly contaminated with diesel exhaust fumes and strong odors. He also said he was exposed to silica particles and chemical compounds, as well as spray paints, and black smoke. His chest tightened and his throat hurt. He also had trouble swallowing. He also suffered from chronic allergies and bronchitis.
The railroads successfully argued that releases that plaintiff signed in 1996 should bar his new suit since they knew about the risk at the time he was exposed asbestos. Hughes Law Offices also argued that the time limit for filing a lawsuit should be tolled until the plaintiff was diagnosed with cancer to allow him to seek medical attention and determine if his illness was related to his employment.
railroad lawsuit settlements
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or any other type of cancer that may be linked to working in the railroad industry, you could be able to file an action under FELA against the corporation that employed you. FELA lawsuits may award compensation for medical costs as well as lost wages, suffering and pain and other damages. Contact an Houston FELA attorney today to discuss your case.
A jury has awarded a former Conrail engineer $2.6 million in the case of occupational illness after finding that the retiree's asthma-related problems were caused by his frequent exposure to diesel exhaust fumes when crewing locomotives at rail yards. The plaintiff's lawyers claimed that the railroad was unable to stop this kind of exposure because they did not install adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes that railroad workers breathe, they also often come into contact with toxic chemicals and other harmful substances in their work. Asbestos, benzene and other carcinogens are commonly found in railroad maintenance and construction materials. These hazardous materials can cause a variety of kinds of cancers, as well as serious health issues, including asthma.
A Houston FELA attorney can help you to hold an employer accountable for their negligence If you suffer from asthma resulting from your railroad work, or a loved one has been diagnosed with a cancer that could be connected to the rail industry. Contacting a skilled attorney right away can increase your chances of receiving the financial compensation you are entitled to for your loss and suffering.