Railroad Lawsuits and Asthma
Rail workers are often exposed to toxic fumes and chemicals like asbestos and silica. These exposures may lead to respiratory disorders like asthma.
Fortunately, victims can seek compensation under the Federal Employers' Liability Act (FELA). A railroad lawsuit asthma attorney can help. Take a look at these examples of successful verdicts and settlements.
Diesel Exhaust
Because trains run on diesel fuels, railroad workers are exposed all day to diesel fumes. These fumes contain a mixture of tiny soot particles gasses, and other harmful chemicals that could cause serious health issues. The exposure to these fumes can cause asthma and other lung diseases.
For decades railroads have been aware of the dangers that come with diesel exhaust. Many companies haven't taken the proper precautions to protect their employees. As a result, many railroad workers have suffered from respiratory illnesses that are a major cause of death.
When combined with other workplace hazards, like asbestos, silica, and creosote, exposure to diesel fumes could lead to the development of life-altering pulmonary illnesses, such as asthma. These conditions often hinder railroad workers from returning to their work and could impact the quality of their lives.
In one instance, our lawyers successfully defended the rights of a FELA lawsuit brought by an engineer working on locomotives who claimed that he developed leukemia and other types of cancer due to his exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court granted summary judgement for the railroads in question, deciding that Plaintiff did not conduct an adequately thorough search for information regarding his illness at the time of diagnosis, and that his claims were not time-barred.
Dust
Railroad workers are exposed to various kinds of dust, such as silica from coal dust, ballast, and chemical fuels or petroleum. These harmful substances can be harmful to an individual's health and contribute to respiratory ailments, such as asthma.
Our FELA lawyer has helped a number of people pursue compensation for exposure to these substances. FELA permits workers suffering from certain illnesses to hold employers accountable for not protecting them from dangerous workplaces.
A Montana jury, for example it awarded $3.7 Million to a former engineer of the railroad who suffered from pulmonary fibroidsis, a progressive lung condition caused by scarring in the lung tissue. The defendant's FELA claim alleged that the inhalation of diesel exhaust on a number of, if not thousands, of occasions contributed to the development of his lung disease. Jurors were not persuaded by the testimony of defense experts that the locomotive engineer's lung condition could have some other cause.
Friends of the Columbia Gorge and Sierra Club also successfully sued BNSF Railroad over its coal trains. Every time a train traverses the Gorge it pollutes habitats that are sensitive for wildlife and plants, such as wetlands, tributary rivers and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other areas.
Asbestos
Rail workers were exposed to dangerous chemicals for a long period of time. Other toxic materials remain in the workplace even after asbestos has been removed. Chemical solvents, for instance, have been found to cause asthma and other respiratory ailments. This is the reason railroad workers could file lawsuits to recover damages from the companies who employed them.
In one instance the 61-year-old engineer in the field of locomotives was awarded $2.6 million following a jury verdict that found that his job at the railroad caused him to suffer from diesel asthma. This condition led him to be placed on medical leave and to lose his wages. He also underwent two back surgeries including a multilevel lumbar spine fusion. All of this added up to huge medical expenses.
He stated that while working on different railways he was exposed to exhaust fumes from diesel engines strong smells, silica dust particles, spray paints and chemical compounds including black smoke and welding and engine oil. His chest tightened, his throat ached and he had trouble swallowing. He suffered from allergies and bronchitis, too.
The railroads prevailed in arguing that the release of the plaintiff in 1996 should not be barred from the new lawsuit as they knew of the risk of exposure to asbestos. Hughes Law Offices also argued that the statute of limitations should be extended until the plaintiff was diagnosed with cancer to give him the chance to seek medical attention and determine if the condition was related to his work.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer mesothelioma, lung diseases or any other form of cancers that could be caused by working in the railroad industry, then you may be able to file a lawsuit under FELA against the company which employed you. FELA lawsuits can provide compensation for medical expenses, lost wages and suffering and pain. Contact an Houston FELA attorney today to discuss your case.
A jury gave $2.6 million to an ex- Conrail engineer in his occupational disease trial after determining the cause of his debilitating asthma. railroad cancer lawsuit concluded that his exposure to diesel exhaust fumes was almost all the time while working on locomotives in rail yards. The plaintiff's lawyers argued that the railroad failed to prevent this kind of exposure by not putting in adequate ventilation in the locomotive cabs.
Railroad workers are exposed to toxic chemicals and diesel fumes. Asbestos, benzene, as well as other carcinogens can be found in construction and maintenance materials. Sadly, these toxic substances can lead to a variety of cancers and serious health conditions, such as pulmonary illnesses such as asthma.
If you have asthma that arose due to your work on the railroad, or if you have family members who have been diagnosed with cancer that may be linked to the railroad industry or a railroad, an Houston FELA lawyer can help you to hold your employer accountable for their incompetence. Contacting an experienced attorney immediately can increase your chances of receiving the financial compensation you're entitled to for your pain and suffering.