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FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on the job can cause pulmonary diseases, like asthma. A FELA lawyer with experience can assist you in filing an occupational disease claim against your railroad employer.
railroad back injury settlements claim they lost their jobs because of debilitating breathing ailments. Their lawsuits assert that they suffered from working as locomotive engineers were exposed to toxins, including diesel and gasoline exhausts, silica particles chemical compounds, and paint sprays.
FELA
While most injured workers can seek compensation under the 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 in the statutes for workers' comp claims.
Railroad companies are responsible for occupational illnesses such as mesothelioma and lung cancer. Unlike railroad injury settlement amounts ' comp cases, FELA lawsuits are fault-based and the railroad worker has to prove the negligence of the employer played some role in causing the injury as well as the damages that resulted. union pacific settlements can be a source of contention due to the heavy burden of evidence. Consequently, railroad companies fight to minimize their liability whenever possible.
FELA covers all railway workers employed by common carriers in interstate commerce. This includes locomotive engineers, conductors/yardmasters and signal keepers, trackmen/maintenance bridge and building construction employees electricians, welders, and welders. Exceptions are made for localized independent railroads that do not use their tracks to transport goods over long distances.
A skilled FELA attorney is crucial to assist a railroad worker pursue a successful lawsuit against the company that caused their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and know the complex issues involved. For a free consultation, call 1-800-BENZENE today.
Occupational Diseases
A person can develop a condition due to the exposure of work-related workers to toxic substances. These are referred to as occupational diseases or toxic lung conditions. They can be challenging to detect, since the signs of lung problems typically do not manifest until the time an individual starts working. This is due to the lengthy latency period associated with many contaminants.
To be considered an occupational health condition, a disease must manifest during the course of work and the connection between exposures to work and the disease must be proven by medical research. This is the reason it is essential to seek legal representation as soon as you can if you suspect you have contracted an illness or disease because of your railroad job.
Some workplace-related illnesses include benzene leukemia, fibrosis of lungs, chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis. Inhaling gases and vapors, fumes and dusts as well as cigarette smoke can cause these illnesses. The symptoms of these illnesses vary 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 injuries are known as repetitive stress injuries and they can cause pain or weakness throughout the body. For instance, railway workers frequently suffer from lateral epidondylitis (tennis elbow), an injury that results in the tear of tendons that are located in the upper arm.
Diesel Exhaust
Diesel fuel is used in most locomotives, and so railroad workers are regularly exposed to diesel fumes. Because diesel exhaust is a source of contaminants, including particulate matter volatile organic compounds, and toxic metals, exposure for a long time can lead to a variety of medical issues including asthma.
The toxins found in diesel exhaust can be even more harmful to people who smoke, which is why smokers are at greater risk of lung diseases such as COPD. The pollution that comes from diesel exhaust is also a risk factor in the growth of cancer, specifically leukemia and non Hodgkin lymphoma.
Over the years locomotives have been operating continuously in train yards release a lot of diesel exhaust into communities that surround railroads. Diesel exhaust is especially dangerous to the mostly working-class and minority neighborhoods in the areas where these rail yards are located.
The benzene content of diesel exhaust and fuel has been linked to leukemia in certain people, and that's why railroads need to be careful to limit the effects of these chemicals on their properties, and also ensure that their employees are trained in appropriate safety procedures. A local congressman recently requested Metrolink which is a commuter railroad railroad in Los Angeles, CA, to conduct a risk study of the diesel exhaust released into the predominantly working-class areas in the vicinity of its maintenance yard.
Asthma
Railroad workers who are currently or former might be able sue their employer in the event that long-term exposure causes pulmonary diseases such as asthma. A successful FELA case could allow for compensation for the financial, emotional and physical repercussions of a respiratory disorder.
Asthma can trigger a range of symptoms, such as coughing, wheezing or tightness in the chest, and breath shortness. It can also make daily activities difficult. In more extreme cases, asthma can result in a person being hospitalized for respiratory failure.
It is the duty of railroad companies to ensure that their workers are healthy and safe. This includes providing adequate ventilation in the cabs of locomotives and ensuring the use of proper safety gear and minimizing the exposure of workers to hazardous fumes. Failure to comply with this can result in occupational illnesses like asthma, pulmonary problems and respiratory illnesses.
If you have a moderate, severe, or mild asthma attack that is the result of your work on the railroad, you should discuss your case with a seasoned New York railroad settlement asthma lawyer. The lawyer you choose to consult will assess your situation and determine if it is a FELA lawsuit against your employer is in your best interest. A successful FELA claim can result in financial recovery for the negative effects of your condition on your life and career.