Ten Railroad Settlement Kidney Cancer Myths That Aren't Always True
FELA and Railroad Settlement for Asthma
Inhaling diesel fumes while on working can lead to lung diseases, like asthma. A seasoned FELA lawyer can help you in filing a claim for occupational disease against your railroad company.
Two former railroad employees claim that they have lost their livelihoods due to debilitating respiratory ailments. Their lawsuits allege that years spent as locomotive engineers exposed them to toxic substances such as diesel and gasoline exhaust silica dust particles chemical compounds and paint sprays.
FELA
Railroad employees must, however, file a claim under the Federal Employers Liability Act. FELA offers guidelines for recovering similar to the guidelines in place for workers' compensation claims.
Railroad companies have to be held accountable if they expose their employees to exposures to toxic substances in the workplace and then cause occupational diseases such as mesothelioma, fibrosis scleroderma, lung cancer or other respiratory illnesses. As opposed to workers' compensation cases, FELA suits are fault-based. This means that the railroad worker needs to prove that the employer was negligent in a way. FELA lawsuits are litigious due to the heavy burden of the burden of. Therefore, railroad companies attempt to minimize their liability whenever possible.
FELA covers all railway employees employed by common carriers that are involved in interstate trade, including locomotive engineers, conductors, yardmasters, signal maintainers trackmen/maintenance and maintenance of way, bridge and building workers, welding technicians and electricians. Exceptions are made for localized independent railroads who do not use their tracks to transport goods over long distances.
A knowledgeable FELA lawyer is required for helping railroad employees succeed in bringing a lawsuit and hold the company accountable for their injuries. Benzene Lawyers has extensive experience in this field of law and is well-versed with the complex issues involved. For a free consultation, call us at 1-800-BENZENE now.
Work-related Diseases
A person may develop a disease due to exposure to toxic substances while at work. These diseases are also known as toxic lung disorders or occupational illnesses. The occupational diseases are usually difficult to identify due to the fact that the signs of many lung ailments do not surface until long after a person has started working at their job. This is due to the lengthy intervals of latency that are associated with a lot of toxic substances.
To be considered an occupational health condition, a disease must occur during the course of employment. Additionally, the link between exposures from work and the illness needs to be proven through medical research. railroad injury settlement amounts is imperative to seek legal counsel when you suspect that you've acquired a health issue or illness because of your railroad job.
Some workplace-related ailments include benzene lung cancer, fibrosis chronic obstructive respiratory disease (COPD) as well as hypersensitivity pneumonitis and chronic obstructive lung disease. These illnesses are caused by breathing in dusts, vapors, gases fumes, and cigarettes smoke. The symptoms of these illnesses vary depending on the type of toxin and the size of the particle that is inhaled.
Workers can also sustain muscle injuries due to the physical nature of their job. These injuries are known as repetitive stress injuries, and they can cause weakness or pain in different parts. For instance, workers on rails frequently suffer from lateral epidondylitis (tennis elbow) which results in the tearing of tendons in the upper arm.
Diesel Exhaust
Diesel fuel is utilized by almost all locomotives, so railroad workers are regularly exposed to diesel fumes. Diesel exhaust contains many pollutants, such as particulate material as well as volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust may lead a variety medical issues such as asthma.
Smokers are more prone to lung diseases such as COPD due to the toxins found in diesel exhaust. The pollution that comes from diesel exhaust is also a risk factor for the growth of cancers, particularly leukemia and non Hodgkin lymphoma.
For decades, locomotives would be running continuously at train yards, dumping an enormous amount of diesel exhaust into the communities that are near the railroad. Diesel exhaust is especially hazardous to the predominantly minority and working-class neighborhoods the areas where the rail yards are situated.
The benzene present in diesel fuel and exhaust is associated with leukemia. Railroads must limit the use of these chemicals and ensure that their employees are trained on safety procedures. For example local congressman has recently urged the commuter rail railroad Metrolink to conduct an assessment of the risks associated with exhaust from its diesel engine that is released into predominantly working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA.
Asthma
Former and current railroad employees might be able sue their employer if prolonged exposure causes pulmonary conditions like asthma. A successful FELA case could allow for compensation for the financial, emotional and physical effects of a pulmonary disorder.
Asthma symptoms include wheezing and coughing. Multiple myeloma settlements can also cause chest tightness and shortness breath. It can also make daily activities difficult. In more severe asthma cases the patient could be admitted to hospital because of respiratory failure.
Colon cancer lawsuit settlements have a duty to ensure their employees are safe and healthy. This includes ensuring adequate ventilation in the cabs of locomotives as well as ensuring the use proper safety gear and minimizing the exposure of workers to hazardous fumes. Inability to do this could result in occupational illnesses like asthma, pulmonary ailments and other respiratory illnesses.
If you suffer from moderate, mild, or severe asthma, that you believe is due to your railroad work, you should consult an experienced New York railroad settlement attorney. Your attorney can evaluate the situation and determine if a FELA lawsuit against your employer would be beneficial for you. A successful FELA claim can result in financial recovery to compensate for the negative impact of your health condition on your life and career.