What Do You Know About Railroad Settlement Kidney Cancer

FELA and Railroad Settlement for Asthma

Inhaling diesel fumes on the job can lead to pulmonary diseases, like asthma. A FELA lawyer with experience will assist you in filing an occupational disease claim against your railroad employer.

Two former railroad employees say they've lost their jobs due to debilitating breathing issues. Their lawsuits claim that the time they spent as locomotive engineers exposed them to toxins like gasoline and diesel exhaust silica dust particles, paint sprays and chemical compounds.

FELA

While most injured workers can make a claim for compensation under standard state worker legislation, railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovering that are similar to those for workers' compensation.

Railroad companies are responsible for occupational diseases such as mesothelioma and lung cancer. In contrast to workers' compensation claims, FELA suits are fault-based. This means that the railroad worker needs to prove that the employer was negligent in some way. This heavy burden of proof makes FELA lawsuits contentious. Railroad companies thus strive to minimize their liability whenever they can.

FELA covers all railway employees who are employed by common carriers engaged in interstate commerce, which includes conductors, locomotive engineers, yardmasters, signal maintainers trackmen/maintenance of ways, bridge and building workers, welders, and electricians. Some exceptions are made for localized independent railroads which do not use their tracks to transport goods over long distances.

A knowledgeable FELA attorney is critical for helping a railroad worker to file a successful lawsuit against the company that caused their injuries. Benzene Lawyers has extensive experience in this area of law and is acquainted with the complicated issues that arise. For a no-cost consultation call 1-800-BENZENE today.

Occupational Diseases

A person could develop a condition due to the exposure of work-related workers to toxic substances. These illnesses are also referred to as toxic lung disorders or occupational illnesses. They are typically difficult to detect due to the fact that the signs of many lung ailments do not surface until a long time after an individual has started working at their job. This is due to the lengthy time of latency associated with many contaminants.

To be deemed an occupational illness, a disease must occur during the course of employment, and the connection between exposures to work and the disease must be proven by medical research. This is why it is important to seek legal counsel whenever you suspect that you've acquired a health issue or disease because of your railroad job.

Some workplace-related illnesses include benzene leukemia, fibrosis of lungs, chronic obstructive pulmonary disease (COPD) and hypersensitivity pneumonitis. These diseases are caused by the 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 the size of the particle inhaled.

Workers can also sustain musculoskeletal injury due to the physical nature their job. These kinds of injuries are referred to as repetitive stress injuries. They may cause weakness and pain across different areas of the body. Rail workers, for instance are frequently affected by tennis elbow or lateral epicondylitis. This injury causes the tears of the tendons within the upper arms.

Diesel Exhaust

The majority of locomotives utilize diesel fuel, which means that the majority of railroad employees are exposed to diesel fumes on an everyday basis. Diesel exhaust is full of pollutants, including particulate material as well as volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust may cause a variety of medical problems that include asthma.

Smokers are more susceptible to lung diseases such as COPD due to the toxins in diesel exhaust. The pollution from diesel exhaust is also a risk factor in the growth of cancer, specifically leukemia and non Hodgkin lymphoma.

Over the time locomotives have run constantly in train yards, releasing a large amount of diesel exhaust into communities that surround railroads. Diesel exhaust is particularly dangerous to the mostly working-class and minority neighborhoods in the areas where these rail yards are located.

The benzene in diesel fuel and exhaust is associated with leukemia. Railroads must limit the use of these chemicals and ensure that their employees are trained in safety procedures. A congressman from the local area recently asked Metrolink which is a commuter rail railway located in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust that is released into the mainly working-class neighborhoods around its maintenance yard.

Asthma

If exposure to diesel exhaust leads to asthma or other respiratory disorders former and current railroad employees could be eligible for a claim against their employer. A successful FELA claim could lead to compensation for Railroad settlement asthma the emotional, financial and physical effects of a respiratory disorder.

Asthma symptoms include wheezing and coughing. They can also cause chest tightness and railroad settlement asthma shortness breath. It can also make everyday activities difficult. If the asthma is severe the patient could be admitted to a hospital due to respiratory failure.

It is the responsibility of railroad companies to ensure that their workers are healthy and safe. This includes ensuring adequate ventilation in the cabs of locomotives as well as ensuring the use proper safety equipment and limiting the exposure of workers to hazardous fumes. Failure to do this can cause occupational diseases like asthma, pulmonary problems and other respiratory illnesses.

If you have a mild, moderate or severe asthma problem that is the result of your experience working on the railroad, discuss your case with an experienced New York railroad settlement asthma lawyer. Your attorney can evaluate the situation and determine if a FELA lawsuit against your employer is the best option for you. A successful FELA lawsuit could award an amount of money to compensate for the negative impact your situation has affected your career and personal life.