Leukemia lawsuit and Asthma
Railroad workers are often exposed to fumes and toxic chemicals like creosote, silica asbestos, and creosote. These exposures may lead to respiratory diseases like asthma.
Fortunately, victims could be eligible for compensation under the Federal Employers' Liability Act. A railroad lawsuit asthma attorney can be of assistance. Here are a few examples of settlements that have been successful and verdicts.
Diesel Exhaust
Since trains run on diesel fuels railroad employees are exposed all day to diesel fumes. These fumes are a mixture of soot particles, as well as toxic chemicals. Exposure to these fumes may cause asthma and other lung diseases.
Railroads have known about the dangers of exposure to diesel exhaust for many years. Many companies have not taken appropriate measures to safeguard their workers. As a result, many railroad workers have suffered from debilitating respiratory illnesses.
When combined with other workplace hazards such as asbestos, silica or creosote, exposure to diesel fumes can lead to the development of life-changing pulmonary illnesses, such as asthma. These symptoms could prevent railroad workers from returning to their jobs, and can even impact their quality of life.
In one case our lawyers successfully defended a FELA claim brought by a former engineer who claimed to have developed leukemia and other cancers due to the exposure to diesel fumes and other toxic chemicals when working on railway equipment. The court granted summary judgement for the railroads that were defendants. It ruled that Plaintiff had not made an appropriate search for information regarding his illness when the diagnosis was made and that the claims he made are time-barred.
union pacific railroad lawsuit are exposed to different kinds of dust, including silica from coal dust, ballast, and petroleum or chemical fuels. These harmful substances can cause harm to one's health and contribute to respiratory diseases, such as asthma.
Our FELA attorney has helped a lot of people seek compensation for their exposure to these substances. FELA allows workers with certain diseases to hold their employers accountable for not protecting them from dangers in their workplaces.
For example an Montana jury awarded $3.7 million to a former engineer of the locomotive who was diagnosed with pulmonary fibrosis, a progressive lung disease that is caused due to scarring of the lung tissue. In his FELA claim, it was claimed that inhaling diesel fumes hundreds or perhaps thousands of times contributed to the onset and progress of his lung disease. Jurors were not convinced by the testimony of defense experts that the engineer's lung disease could have some other cause.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Every time a train traverses the Gorge it pollutes habitats that are sensitive for plants and wildlife, wetlands, tributary rivers, and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other locations.
Asbestos
Rail workers were exposed to dangerous chemicals for a long time. While asbestos has been largely removed from the workplace, some toxic substances remain. Chemical solvents can cause respiratory illnesses and asthma. This is why railroad workers may file lawsuits to recover damages from the companies who employed them.
In one case, the jury found that a 61-year-old engineer in the field suffered from diesel asthma due to his work in the railroad. The illness led him to be placed on medical leave and lose his wages. He also was required to undergo two back surgeries, including the multi-level lumbar spine fusion, all of which added up to a significant amount of medical costs.
He said that while working for various railways, he was constantly exposed to exhaust fumes from diesel engines, strong smells, silica dust particles, spray paints and chemical compounds as well as black smoke as well as motor grease, welding and engine oil. The chest tightened up and his throat hurt. He also had trouble swallowing. He also suffered from chronic allergies and bronchitis.
The railroads prevailed in arguing that the release of the plaintiff in 1996 should not be barred from his new suit because he knew about the risk when he was exposed asbestos. Hughes Law Offices also argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer in order to allow him the chance to seek medical care and determine if his condition was due to his job.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer or lung diseases, mesothelioma or any other form of cancer that could be connected to work in the railroad industry, you might be able to file an action under FELA against the company who employed you. FELA lawsuits could award compensation for medical costs and lost wages, as well as suffering and pain, as well as other damages. Contact a Houston FELA attorney today to discuss your case.
A jury awarded an ex- Conrail engineer $2.6 million in his occupational illness trial after determining that the retiree's asthma, which is a chronic problem, was caused by his nearly constant exposure to diesel exhaust fumes during working with locomotives at rail yards. The lawyers representing the plaintiffs argued that railroads did not prevent exposure by not providing adequate ventilation in the cabs of locomotives.
Railroad workers are exposed toxic chemicals and diesel fumes. Asbestos and benzene as well as other carcinogens are frequently found in railroad maintenance and construction materials. Sadly, these harmful substances can lead to a variety of cancers and other serious illnesses, including respiratory disorders such as asthma.
A Houston FELA attorney can help you to hold an employer accountable for their negligence in the event that you suffer from asthma as a result of your railroad work, or someone close to you has been diagnosed with a cancer that could be connected to the railroad industry. Contacting a skilled attorney right away will help you maximize your chances of obtaining the financial compensation you are entitled to for your injuries and losses.