cancer lawsuits and Asthma
Rail workers are frequently exposed to toxic chemicals and fumes like silica and asbestos. The exposures could cause respiratory illnesses like asthma.
Fortunately, victims are entitled to compensation under the Federal Employers' Liability Act. A reputable railroad lawsuit asthma lawyer will aid. Check out the following examples of verdicts and settlements.
Diesel Exhaust
Since trains are powered by diesel fuel, most railroad workers are exposed range of diesel fumes throughout the day. These fumes consist of soot particles and harmful chemicals. Exposure to these fumes could cause the development of asthma and other pulmonary illnesses.
Railroads have been aware of the dangers of exposure to diesel exhaust for decades. However the majority of companies have not taken appropriate measures to protect their employees. Railroad workers have been diagnosed with respiratory illnesses that are debilitating.
Exposure to diesel fumes when coupled with other workplace hazards like asbestos, creosote or silica can cause life-altering lung diseases, including asthma. These ailments can prevent railroad workers from returning to work and may reduce the quality of their lives.
In one instance, our lawyers successfully in defending a FELA lawsuit asserted by an engineer working on locomotives who claimed that he developed leukemia, as well as other cancers because of his exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court granted summary judgment for the railroads in question, deciding that Plaintiff did not make an intelligent research into the details of his illness at the time of diagnosis, and that his claims were time-barred.
Dust
Rail workers are exposed to various dusts, including silica dust from ballasts and coal dust. They can also be exposed to chemical or petroleum fuels. These toxic substances can cause harm to one's health and contribute to respiratory diseases, such as asthma.
Our FELA lawyer has assisted many people get compensation for their exposure. FELA allows employees suffering from certain diseases to hold employers accountable for not protecting workers from hazardous workplaces.
For example for instance, a Montana jury awarded $3.7 million to a former locomotive engineer who was diagnosed with pulmonary fibrosis, which is a progressive lung disease that is caused due to scarring of the lung tissue. In his FELA claim, he claimed that inhaling diesel fumes hundreds perhaps thousands of times, contributed to the development and progression of his lung disease. Jurors were not convinced by the defense experts' testimony that the engineer's lung illness could have some other cause.
Similar to this, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Each time a train crosses the Gorge it pollutes the habitats for plants and wildlife, the wetlands, tributary rivers and the Columbia River. BNSF has decided to stop transporting coal through the Gorge and in other locations.
Asbestos
Rail workers have been exposed to dangerous chemicals for a long period of time. While asbestos has been eliminated from the workplace, a variety of toxic substances remain. Chemical solvents, for example, have been known to cause asthma and other respiratory illnesses. This is the reason railroad employees could file lawsuits to recover damages from the companies who employed them.
In one case the jury ruled that a 61-year-old engineer in the field was suffering from asthma caused by diesel due to his work in the railroad. This condition led him to be placed on medical leave and lose his wages. He also underwent two back surgeries including the multilevel lumbar spine fuse. All of this added up to significant medical costs.
He testified that while working at different railways he was exposed to exhaust fumes from diesel engines, strong odors silica dust particles chemicals and spray paints and black smoke and welding grease, motor grease and engine oil. His chest tightened and throat hurt. He also had difficulty swallowing. cancer lawsuits suffered from allergies and chronic bronchitis.
Railroads successfully argued that the plaintiff's 1996 release should bar his new lawsuit because he knew the risk when he was exposed asbestos. Hughes Law Offices argued that the statute should be enacted until the plaintiff is diagnosed with cancer, to allow him time to seek medical treatment and determine if the condition is related to his job.
Poor Ventilation
If you or someone close to you has been diagnosed with mesothelioma or lung disease or another type of cancer that could be linked to your work in the railway industry, you may be able to make a FELA lawsuit against the company which employed you. FELA lawsuits can provide compensation for medical costs, lost wages, suffering and pain, as well as other damages. Contact a Houston FELA attorney today to discuss your case.
A jury has awarded an ex- Conrail engineer $2.6 million in the case of occupational illness after finding that the retired engineer's debilitating asthma was caused by his frequent exposure to diesel exhaust fumes during working with locomotives at rail yards. The plaintiff's attorneys argued that the railroad failed to protect against this kind of exposure through the lack of adequate ventilation in the locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they also frequently come in contact with toxic chemicals and other harmful substances during their jobs. In railroad maintenance and construction material asbestos, benzene, and other carcinogens are found. These toxic materials can lead to many types of cancers and serious health problems, such as asthma.
If cancer lawsuit have asthma that is the result of your work on the railroad, or when you have loved ones who have been diagnosed with cancer that could be linked to the railroad industry or a railroad, a Houston FELA lawyer can help you hold your employer accountable for their negligence. Engaging an experienced attorney as soon as possible can help you maximize your chances of receiving the financial compensation you're entitled to for the injuries and losses.