FELA and Railroad Settlement for Asthma
Asthma and other pulmonary diseases can be caused by diesel fumes in the workplace. An experienced FELA lawyer can assist you to submit a claim for occupational illness against your railroad company.
Two former railroad workers claim they lost their jobs after suffering from debilitating breathing ailments. Their lawsuits claim that they were time as locomotive engineers exposed them to toxins such as gasoline and diesel exhausts, silica particles, chemical compounds, and paint sprays.
FELA
While the majority of injured workers can submit a claim for compensation through standard state workers' compensation statutes railroad workers must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovery similar to those that are in the statutes for workers' comp claims.
Railroad corporations are accountable for occupational illnesses like mesothelioma and lung cancer. Unlike workers' compensation cases, FELA suits are fault-based. This means that the railroad worker needs to prove that the employer was negligent in any way. FELA lawsuits can be a source of contention due to the heavy burden of proof. Railroad companies try to minimize their liabilities whenever they can.
FELA covers all railway employees employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance-of way bridge and building workers electricians, welders, and welders. Localized independent railroads that don't transport goods over long distances are not covered by FELA.
A seasoned FELA lawyer is necessary to assist a railroad employee succeed in bringing a lawsuit and hold the company responsible for their injuries. union pacific settlements at Benzene Lawyers have extensive experience in this area of law and comprehend the complexities that arise. For a free consultation, contact us at 1-800-BENZENE today.
Work-related Diseases
A person can develop a disease because of exposure to toxic substances at work. These are referred to as occupational diseases or toxic lung disorders. The occupational diseases can be difficult to detect, since the symptoms of lung problems typically do not manifest until a long time after an individual begins working. This is due the long time between the latency period and contaminants.
To be deemed an occupational illness, the disease must manifest during the course of employment, and the link between exposures from work and the illness must be proven through medical research. It is crucial to seek legal advice immediately if you suspect that you may have acquired a health issue or illness due to your work on railroads.
railroad injury settlement amounts -related illnesses can include benzene leukemia, fibrosis and oedema of the lung, chronic obstructive lung disease (COPD), and hypersensitivity pneumonitis. railroad injury settlement amounts are caused by inhalation of dusts, gasses, vapors and fumes as well as cigarette smoke. The symptoms of these diseases can vary according to the type of toxins and the size of particle that is inhaled.
Workers can also suffer musculoskeletal injury because of the physical nature of their job. These kinds of injuries are referred to as repetitive stress injuries and can cause pain and weakness in different parts of the body. Rail workers, for instance are often afflicted by tennis elbow or lateral epicondylitis. This injury causes the tears of the tendons within the upper arms.
Diesel Exhaust
Diesel fuel is utilized by most locomotives, and so railroad workers are exposed to diesel fumes. Because diesel exhaust is full of pollutants like particulate matter, volatile organic compounds, and toxic metals, exposure over a long period can result in a variety of medical conditions, including asthma.
union pacific settlements in diesel exhaust are more harmful to those who smoke, which is why smokers are more susceptible to the development of lung diseases such as COPD. The exhaust pollution caused by diesel is also a risk factor in the development of cancer, particularly leukemia and non Hodgkin lymphoma.
For a long time, locomotives operate continuously at train yards, dumping lots of diesel exhaust into communities near the railroad. This diesel exhaust is especially hazardous to the predominantly working-class and minority neighborhoods in the areas where the rail yards are situated.
The benzene found in the exhaust and diesel fuel has been associated with leukemia in certain people, and that's why railroads must be cautious to limit these chemicals on their properties and ensure that their employees are properly trained on the proper safety protocols. A local congressman recently asked Metrolink which is a commuter railroad railroad located in Los Angeles, CA, to conduct a risk study of the diesel exhaust released into the predominantly working-class neighborhoods in the vicinity of its maintenance yard.
Asthma
When long-term exposure to diesel exhaust results in asthma or other pulmonary diseases former and current railroad employees may be able to file a claim against their employer. A successful FELA case could result in compensation for the financial, emotional and physical repercussions of a work related respiratory disorder.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can make daily activities difficult. In more severe cases of asthma it is possible to be admitted to a hospital due to respiratory failure.
It is the responsibility of railroads to ensure that their employees are healthy and safe. This includes ensuring adequate ventilation in the cabs of locomotives and ensuring that they use appropriate safety gear and limiting exposure of employees to dangerous fumes. Failure to do so can result in occupational illnesses such as asthma and lung problems, which can include other respiratory ailments.
If you have a moderate, severe, or mild case of asthma that is the result of your experience working on the railroad, you should discuss your situation with an experienced New York railroad settlement asthma lawyer. Your lawyer can assess the situation and determine whether a FELA lawsuit against your employer is beneficial for you. A successful FELA claim can result in an amount of money to compensate for the negative effects of your health condition on your professional and personal life.