railroad injury settlement amounts and Railroad Settlement for Asthma
Asthma, along with other lung diseases, can be caused by diesel fumes at the workplace. An experienced FELA lawyer can assist you to file an occupational disease claim against your railroad company.
Two former railroad workers claim to lost their jobs due to respiratory illnesses that cause severe pain. Their lawsuits claim that their experiences as locomotive engineers exposed them to toxic substances like diesel and gasoline exhausts, silica particles, chemical compounds and paint sprays.
FELA
While most injured workers are able to submit a claim for compensation under standard state workers laws railroad workers must seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to those used for workers' compensation.
Railroad corporations have to be held accountable if they expose their employees to exposures to toxic substances in the workplace which can cause occupational diseases like mesothelioma fibrosis, mesothelio lung cancer, scleroderma or other respiratory illnesses. Unlike workers' comp cases, FELA lawsuits are fault-based that is, the railroad worker must prove the negligence of the employer was at least some of the injury and resulting damages. FELA lawsuits can be a source of contention due to the high burden of the burden of proof. Railroad companies try to minimize their liabilities whenever possible.
FELA covers all railway employees employed by common carriers operating in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance-of way bridge and building construction employees electricians, welders, and welders. Localized independent railroads that do not transport goods over long distances are exempt from FELA.
A knowledgeable FELA attorney is vital to assist a railroad worker to file a successful lawsuit against the company responsible for their injuries. Benzene Lawyers has extensive experience in this area of law and is familiar with the complicated issues that arise. Call 1-800-BENZENE for a no-cost consultation.
Occupational Diseases
An individual can get sick due to exposure to toxic substances while at work. These conditions are also known as toxic lung disorders or occupational illnesses. Occupational diseases can be difficult to identify, since the symptoms of lung issues typically do not manifest until an extended period of time after a person begins working. This is due to the long intervals of latency that are associated with a lot of toxic substances.
To be considered to be an occupational illness, the illness must be present during the course of employment and the connection between exposures to work and the illness must be established by medical research. It is crucial to seek legal counsel when you suspect you've contracted a disease or illness as a result of your railroad work.
Some workplace-related diseases include benzene lung cancer, fibrosis, chronic obstructive respiratory disorder (COPD), hypersensitivity pneumonitis, and chronic obstructive airway disease. railroad injury settlement amounts result from inhalation of dusts, vapors, gases and fumes as well as cigarette smoke. The symptoms of these illnesses can vary depending on the type of toxin used and particle size that has been inhaled.
Workers can also experience injuries to their musculoskeletal system because of the physical nature of their work. These types of injuries are referred to as repetitive stress injuries. They can cause weakness and pain in different parts of the body. For example, rail workers often suffer from lateral ectodondylitis (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 nearly all locomotives, meaning that railroad workers are exposed to diesel fumes. Because diesel exhaust is a source of contaminants, including particulate matter volatile organic compounds, and toxic metals, long-term exposure can lead to a variety of medical conditions, including asthma.
Smokers are more at risk of lung diseases such as COPD due to the toxins present in diesel exhaust. Studies on diesel exhaust have also proven that the pollution is a risk factor for developing cancer, including leukemia as well as non-Hodgkin lymphoma.
Over railroad back injury settlements , locomotives have been running continuously in train yards emitting a significant amount of diesel exhaust into the communities around railroads. This diesel exhaust is particularly harmful to the majority of working-class and minority neighborhoods in the area where these rail yards are located.
The benzene present in the exhaust and diesel fuel has been linked to leukemia in certain people, which is why railroads need to be careful to limit the impact of these chemicals on their properties and make sure that their employees are trained in the proper safety protocols. For instance local congressman has recently urged the commuter rail railroad Metrolink to conduct an assessment of risk for the exhaust from its diesel engine which is released into primarily working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA.
Asthma
If exposure to diesel exhaust leads to pulmonary disorders such as asthma, current and former railroad employees may be able to file an action against their employer. A successful FELA case could result in compensation for the emotional, financial and physical consequences of a work related pulmonary condition.
Asthma can cause a variety of symptoms, such as coughing, wheezing or tightness in the chest, and breathlessness. It can also make daily activities difficult. In the case of more severe asthma it is possible to be hospitalized due to respiratory failure.
It is the responsibility of railroads to ensure that their workers are safe and healthy. This includes providing adequate ventilation in locomotive cabs as well as ensuring the use appropriate safety equipment and limiting exposure of workers to harmful fumes. Inability to do this could result in occupational illnesses such as asthma, pulmonary ailments and other respiratory ailments.
If you have a mild, moderate or severe asthma problem that is the result of your experience working on the railroad, you should discuss your situation with an experienced New York railroad settlement asthma lawyer. Your attorney can evaluate your situation and assist you to determine whether it is a FELA lawsuit against your employer is in your best interest. A successful FELA claim could lead to an amount of money to compensate for the negative impact of your health condition on your career and life.