15 Terms Everyone Involved In Railroad Lawsuit Mds Industry Should Know
bnsf lawsuit and Asthma
Railroad workers are frequently exposed to fumes and toxic chemicals like silica, creosote, and asbestos. These exposures can trigger pulmonary disorders such as asthma.
Fortunately, victims may be entitled to compensation under the Federal Employers' Liability Act. An asthma attorney for railroad lawsuits can assist. Find out lung cancer lawsuit of successful verdicts and settlements.
Diesel Exhaust
Since trains operate on diesel fuel, most railroad workers are exposed to a variety of diesel fumes throughout the day. These fumes contain a mixture of tiny soot particles gasses, and other harmful chemicals that can cause serious health problems. Exposure to these fumes could cause asthma and other lung illnesses.
Railroads have been aware of dangers of exposure to diesel exhaust for decades. Many companies have not taken the proper precautions to protect their workers. In the end, a few railroad workers have suffered from respiratory illnesses that are a major cause of death.
The exposure to diesel fumes, when combined with other workplace hazards such asbestos, creosote, and silica can trigger life-altering lung diseases, like asthma. These conditions often hinder railroad workers from returning to their jobs and could impact the quality of their lives.
In one case our attorneys successfully secured the rights of a FELA lawsuit brought by an engineer for locomotives who claimed that he developed leukemia, and other cancers as a result of exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The judge granted summary judgment to the defendant railroads, ruling that Plaintiff did not make a reasonably diligent lookup for information regarding his condition at the time of diagnosis and that his claims were barred by time.
Dust
Railroad workers are often exposed to a variety of dust, including silica from ballast, coal dust, and petroleum or chemical fuels. These toxic substances can be harmful to an individual's health and contribute to respiratory ailments, such as asthma.
Our FELA lawyer has assisted many people get compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with a specific illness to demand accountability from their employers for not protecting them from unsafe work environments.
A Montana jury, for example, awarded $3.7 Million to a former engineer of the railroad who was suffering from pulmonary fibroidsis, which is a lung condition that progresses due to scarring of lung tissue. The defendant's FELA claim alleged that breathing diesel exhaust on hundreds or even thousands of occasions led to the development of his lung disease. Jurors were not convinced by the testimony of defense experts that the locomotive engineer's lung illness could have a different cause.
Similar to this, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Every time a train goes through the Gorge, it pollutes sensitive plant and wildlife habitat, the wetlands, tributary streams and the Columbia River with coal dust and debris. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge as well as other places.
Asbestos
Rail workers were exposed to dangerous chemicals for a long period of time. Other toxic substances remain in the workplace, even though asbestos has been removed. Chemical solvents have been proven to cause asthma and respiratory illnesses. This is the reason railroad employees can file lawsuits in order to recover damages from the companies that hired 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 railroad work. This illness caused him to be on medical leave and lost wages. He also had to undergo two back surgeries, including an lumbar spinal fusion that was multi-level, all of which added up to a significant amount of medical costs.
Multiple myeloma lawsuit stated that He was exposed to diesel exhaust fumes and strong smells. He also said his body was constantly exposed silica particles, chemical compounds, spray paints, and black smoke. His chest tightened and throat hurt. He also had trouble swallowing. He also suffered from allergies and chronic bronchitis.
The railroads successfully argued that agreements signed by the plaintiff in 1996 should not bar his new suit because they knew about the risk at the time he was exposed to asbestos. Hughes Law Offices argued that the statute should be tolled until the plaintiff is diagnosed with cancer to allow him time to seek medical care and determine if his condition is related to his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or any other type of cancer that may be related to working in the railroad industry, then you may be entitled to file a lawsuit under FELA against the corporation which employed you. FELA lawsuits can provide compensation for medical expenses, lost wages, and suffering and pain. Contact an Houston FELA lawyer today to discuss your case.
A jury has awarded an ex- Conrail engineer $2.6 million in his occupational health trial after concluding that the retiree's asthma, which is a chronic problem, was caused by his constant exposure to diesel exhaust fumes while crewing locomotives at rail yards. The lawyers for the plaintiffs argued that railroads did not prevent exposure to diesel exhaust by not installing adequate ventilation in locomotive cabs.
Railroad workers are exposed to toxic chemicals, as well as diesel fumes. Asbestos, benzene, and other carcinogens are often found in construction and maintenance materials. Sadly, these harmful materials can trigger a myriad of cancers and serious illnesses, including respiratory conditions such as asthma.
If you suffer from asthma that arose due to your job on the railroad or if you have family members who have been diagnosed with cancer that could be connected to the rail industry or a railroad, you should consult a Houston FELA lawyer can help you to hold your employer accountable for their incompetence. By contacting a seasoned attorney as soon as possible you will increase your chances of receiving the financial compensation you are entitled to for your pain and losses.