Railroad Lawsuits and Asthma
Rail workers are often exposed to harmful fumes and chemicals like asbestos and silica. The exposures could cause asthma-related respiratory problems.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). A reputable railroad lawsuit asthma lawyer can help. Here are a few examples of settlements and verdicts.
Diesel Exhaust
Because trains run on diesel fuels, railroad workers are exposed all day to diesel fumes. These fumes are a mixture of soot particles as well as toxic chemicals. Exposure to these fumes could cause the development of asthma and other lung illnesses.
For decades railroads have become aware of the dangers posed by diesel exhaust. However, many companies have not taken adequate steps to protect their employees. In the end, a few railroad workers have suffered from respiratory diseases that are debilitating.
The exposure to diesel fumes, when coupled with other workplace hazards such asbestos, creosote and silica, can lead to life-changing lung diseases, such as asthma. These conditions can hinder railroad workers from returning to their work, and may even decrease their overall health.
In one instance, our attorneys successfully defended an FELA claim made by a former engineer who claimed that he had developed leukemia and other cancers as a result of the exposure to diesel fumes and other toxic chemicals when working on railway equipment. The court ruled in favor of summary judgment for the defendant railroads. It ruled that Plaintiff had not conducted an informed search regarding his condition at the time the disease was discovered, and that his claims are barred by time.
Dust
Railroad workers are exposed to different kinds of dust, such as silica from coal dust, ballast, and chemical or petroleum fuels. These harmful substances can be harmful to an individual's health and can cause respiratory diseases, such as asthma.
Our FELA lawyer has assisted a number of people claim compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain diseases to make their employers accountable for not protecting them from unsafe work environments.
A Montana jury, for example has awarded $3.7 Million to a former locomotive engineer who suffered from pulmonary fibroidsis. This is a progressive lung condition caused by scarring in lung tissue. The defendant's FELA claim alleged that breathing diesel exhaust on hundreds, if not thousands, of occasions led to the development of his lung disease. Jurors were not persuaded by the testimony of defense experts that the engineer's lung disease must have an unrelated cause.
In the same way, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Every time a train traverses the Gorge it pollutes sensitive habitats for plants and wildlife, such as wetlands, tributary rivers and the Columbia River. BNSF has announced that it will stop bringing coal in the Gorge and other areas.
Asbestos
Railroad workers have for a long time been exposed to dangerous chemicals. While asbestos has been removed from the workplace, a variety of toxic substances are still. Chemical solvents for example are recognized to cause asthma and other respiratory illnesses. This is the reason railroad workers are able to file lawsuits seeking damages from the companies who employed them.
In one instance the jury found that a 61-year-old locomotive engineer was suffering from asthma caused by diesel due to his work in the railroad. railroad lawsuits forced him take medical leave, resulting in loss of wages. He also had two back surgeries including the multilevel lumbar spine fuse. All of this added up to significant medical costs.
He said that while working for different railways he was exposed to diesel exhaust fumes strong odors silica dust particles spray paints and chemical compounds including black smoke as well as motor grease, welding and engine oil. His chest tightened and his throat hurt. He also had trouble swallowing. He also was suffering from allergies and chronic bronchitis.
The railroads successfully argued that the agreements signed by the plaintiff in 1996 should be void for his new suit since he knew of the risk at the time he was exposed asbestos. Hughes Law Offices also argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer in order to give him the chance to seek medical treatment and determine if the illness was related to his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer or lung diseases, mesothelioma or any other form of cancer that could be connected to work in the railroad industry, you may have the right to bring a lawsuit under FELA against the corporation that employed you. FELA lawsuits can award compensation for medical expenses, lost wages and suffering and pain. Contact a Houston FELA lawyer today to discuss your case.
A jury awarded $2.6 million to an ex- Conrail engineer in his occupational disease trial after determining the source of the asthma he suffered from. The jury found that his exposure to exhaust fumes from diesel engines was almost continuous while working with locomotives in rail yards. The lawyers representing the plaintiffs argued that railroads did not prevent exposure by not providing adequate ventilation in locomotive cabs.
In addition to the diesel fumes railroad workers breathe, they also frequently come in contact with toxic chemicals and other harmful substances while doing their jobs. Asbestos, benzene, and other carcinogens are commonly found in railroad maintenance and construction materials. Sadly, these toxic materials can trigger a myriad of cancers as well as other serious health conditions, including pulmonary illnesses such as asthma.
A Houston FELA attorney can help you hold an employer accountable for their negligence when you suffer from asthma resulting from your railway work, or someone you love has been diagnosed with a cancer that may be related to the railroad industry. By contacting a seasoned attorney as soon as possible, you can maximize your chances of receiving the financial compensation you deserve for your suffering and losses.