FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on the job can trigger pulmonary diseases, including asthma. railroad injury settlement amounts with expertise can assist you with 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. Their lawsuits allege that years spent as locomotive engineers exposed them to toxins such as diesel and gasoline exhaust silica dust particles, paint sprays and chemical compounds.
FELA
While most injured workers can seek compensation under the standard state workers laws railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovery similar to those that are in the case of workers' compensation claims.
Railroad companies are responsible for occupational diseases such as mesothelioma and lung cancer. Unlike workers' compensation cases, FELA suits are fault-based. This means that the railroad employee has to prove that the employer was negligent in any way. FELA lawsuits are tense due to the heavy burden of proof. Therefore, railroad companies try to limit their liability as much as they can.
FELA covers all railway employees employed by common carriers in interstate trade, including conductors, locomotive engineers yardmasters, signal maintainers, yardmasters trackmen/maintenance bridge and building workers, welders, and electricians. Localized independent railroads that do not transport goods over long distances are exempt from FELA.
A competent FELA lawyer is required to help a railroad employee to file a successful lawsuit and hold the company accountable for their injuries. Benzene Lawyers has extensive experience in this field of law and is familiar with the complicated issues involved. Call 1-800-BENZENE for a free consultation.
Work-related Diseases
A person can be diagnosed with a disease due to work-related exposure to toxic materials. These illnesses are known as occupational diseases or toxic lung conditions. Occupational diseases can be difficult to recognize, as the signs of lung problems often do not show up until the time an individual begins working. This is due to the lengthy time of latency associated with a variety of contaminants.
To be considered to be an occupational illness, a disease must develop during the course of employment and the link between work-related exposures and the illness must be proven through medical research. This is the reason it is essential to seek legal assistance as soon as possible if you suspect that you've developed a disease or illness because of your railroad job.
The most common workplace-related diseases are benzene leukemia, fibrosis and oedema of the lungs, chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis. Inhalation of vapors and gases, fumes and dusts aswell smoking cigarettes can cause these illnesses. The symptoms of these diseases differ depending on the type of toxin used and the size of particle that is inhaled.
Workers may also experience muscle and skeletal injuries as a result of the physical demands of their work. These kinds of injuries are referred to as repetitive stress injuries and can cause pain and weakness in various parts of the body. Rail workers, for example, are often affected by lateral epicondylitis or tennis elbow. This injury causes the tear of the tendons in the upper arms.
Diesel Exhaust
Diesel fuel is used by most locomotives, and so railroad workers are regularly exposed to diesel fumes. Because diesel exhaust is a source of pollutants including particulate matter, volatile organic compounds and toxic metals, prolonged exposure can cause a wide range of health problems, including asthma.
Smokers are more prone to lung diseases like COPD due to the toxins present in diesel exhaust. The pollution that comes from diesel exhaust is also a risk factor for the growth of cancer, specifically leukemia and non Hodgkin lymphoma.
Over the decades, locomotives have been running constantly in train yards, releasing a large amount of diesel exhaust into the communities around railroads. Diesel exhaust is especially hazardous for the majority of working-class and minorities communities that are close to these railway yards.
The benzene found in diesel exhaust and fuel is associated with leukemia. Railroads should limit their use of these chemicals and ensure that their employees are properly educated on safety procedures. A congressman from the local area recently asked Metrolink, a commuter rail railroad in Los Angeles, CA, to conduct a risk study of the diesel exhaust that is released into the predominantly working-class areas around its maintenance yard.
Asthma
Current and former railroad workers could be able to claim against their employer if long-term exposure causes pulmonary diseases like asthma. railroad back injury settlements could result in a recovery for the physical, financial and emotional impacts of a work-related pulmonary condition.
Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can also make life activities difficult. In railroad injury settlement amounts , asthma could result in a person being admitted to hospital for respiratory failure.
It is the responsibility of railroads to ensure that their employees are healthy and safe. This includes providing adequate ventilation in the cabs of locomotives and ensuring the use of appropriate safety equipment and limiting worker exposure to dangerous fumes. If this is not done, it could lead to occupational illnesses such as asthma, pulmonary ailments and other respiratory illnesses.
If you have a mild, moderate or severe asthma condition that was caused by your experience working on the railroad, discuss your situation with a seasoned New York railroad settlement asthma lawyer. Your attorney can evaluate the situation and determine if a FELA suit against your employer is in your best interest. A successful FELA lawsuit could result in an amount of money to compensate for the negative impact your condition has caused to your career and your life.