FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on working can lead to lung illnesses, such as asthma. A seasoned FELA lawyer can assist you to in filing a claim for occupational disease against your railroad company.
union pacific settlements claim they've lost their job due to chronic breathing ailments. union pacific settlements claim that the time they spent as locomotive engineers exposed them like gasoline and diesel exhaust silica dust particles chemical compounds and paint sprays.
FELA
Although most injured workers can make a claim for compensation under the standard state workers laws railroad workers must seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to those used for workers' compensation.
Railroad companies are responsible for occupational illnesses such as mesothelioma and lung cancer. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based and the railroad worker has to prove the negligence of the employer played some part in causing the injury and damages. This heavy burden of evidence creates FELA lawsuits contentious. In turn, railroads attempt to minimize their liability whenever possible.
FELA covers all railway employees employed by common carriers in interstate commerce, which includes locomotive engineers, conductors yardmasters, signal maintenanceers, trackmen/maintenance of way bridge and construction workers, welders and electricians. Localized independent railroads that do not transport goods long distances are not covered by FELA.
A skilled FELA attorney is crucial for helping a railroad worker to file a successful lawsuit against the company that caused their injuries. Benzene Lawyers has extensive experience in this field of law and is well-versed with the complex issues that arise. For a no-cost consultation, call 1-800-BENZENE today.
Work-related Diseases
A person could get sick due to occupational exposure to toxic materials. These conditions are also known as toxic lung disorders or occupational diseases. They can be challenging to diagnose, as the symptoms of lung disorders often do not show up until the time the person starts working. This is due to the long latency periods associated with many toxic substances.
Medical research has to prove that the disease is a result of exposure to work. It is imperative to seek legal advice as soon as you suspect that you have developed a disease or illness due to your work on railroads.
The most common workplace-related diseases are benzene leukemia, fibrosis of the lungs, chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis. These diseases result from inhalation of vapors, gases, dusts or fumes, as well as cigarettes smoke. Multiple myeloma settlements of these diseases are different depending on the type of toxin as well as particle size that has been inhaled.
Workers may also develop muscles-related injuries due to the physical nature of their jobs. These injuries are referred to as repetitive stress injuries and they can cause pain or weakness in different parts. For instance, workers on rails frequently suffer from lateral epidondylitis (tennis elbow) which results in the tearing of the tendons of the upper arm.
Diesel Exhaust
Nearly all locomotives use diesel fuel which means that the majority of railroad employees are exposed to diesel fumes on an everyday basis. Since diesel exhaust contains many pollutants including particulate matter, volatile organic compounds and toxic metals, exposure over a long period can cause a wide range of medical issues including asthma.
The toxins present in diesel exhaust are more harmful to people who smoke, which is the reason smokers are more susceptible to the development of lung-related diseases such as COPD. Research on diesel exhaust has also revealed that the pollution is an increased risk factor for developing cancer, particularly leukemia and non-Hodgkin's lymphoma.
Over the decades locomotives have been operating all the time in train yards, emitting a significant amount of diesel exhaust into the communities surrounding railroads. railroad back injury settlements is especially dangerous to the mostly minority and working class neighborhoods in the area where the rail yards are situated.
The benzene found in diesel exhaust and fuel is linked to leukemia. Railroads must limit the use of these chemicals and ensure that their employees are informed about safety protocols. A congressman from the local area recently asked Metrolink which is a commuter rail railway in Los Angeles, CA, to conduct a risk study 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 might be able claim against their employer if long-term exposure leads to pulmonary disorders such as asthma. A successful FELA case could result in compensation for the financial, emotional and physical consequences of a respiratory disorder.
Asthma can trigger a range of symptoms, including wheezing, coughing, tightness in the chest, and shortness of breath. It can also make everyday activities difficult. If the asthma is severe the patient could be hospitalized due to respiratory failure.
Railroad companies have a duty to ensure that their workers are safe and healthy. This includes ensuring that cabins of locomotives are properly ventilated, using proper safety gear, and minimizing exposure to harmful fumes. Failure to do this can lead to occupational illnesses such as asthma, pulmonary problems and other respiratory diseases.
If you suffer from mild, moderate or severe asthma that you believe was caused by your railroad work it is recommended that you consult an experienced New York railroad settlement attorney. The lawyer you choose to consult will assess your situation and determine whether you should file a FELA lawsuit against your employer is in your best interests. A successful FELA lawsuit could offer financial compensation for the negative impact that your condition has caused to your career and personal life.