Railroad Settlement Kidney Cancer: The Secret Life Of Railroad Settlement Kidney Cancer
FELA and Railroad Settlement for Asthma
Inhaling diesel fumes on the job can cause pulmonary diseases, including asthma. A FELA lawyer with expertise can assist you with filing an occupational disease claim against your railroad company.
Two former railroad workers claim to have lost their livelihoods because of debilitating respiratory conditions. mds caused by railroad how to get a settlement claim that the time they spent working as locomotive engineers exposed them to toxic substances such as diesel and gasoline exhaust silica dust particles chemical compounds and paint sprays.
FELA
While the majority of injured workers can make a claim for compensation under standard state worker' compensation statutes railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA has guidelines for recovery that are similar to those for workers' compensation.
Railroad companies are responsible for occupational diseases like mesothelioma and lung cancer. In contrast to workers' compensation cases, FELA lawsuits are fault-based, meaning the railroad worker must prove the negligence of their employer played some of the injury as well as the damages that resulted. FELA lawsuits are litigious due to the heavy burden of the burden of proof. Therefore, railroad companies fight to minimize their liability as much as they can.
FELA covers all railway employees employed by common carriers in interstate commerce. This includes locomotive engineers, conductors/yardmasters signal keepers, trackmen/maintenance-of way bridge and building construction employees, welders, and electricians. Localized independent railroads that don't transport goods long distances are not covered by FELA.
A competent FELA lawyer is essential to help a railroad employee succeed in bringing a lawsuit and hold the company accountable for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and are aware of the intricate issues involved. For a no-cost consultation contact us at 1-800-BENZENE.
Occupational Diseases
A person may develop a condition due to exposure to toxic substances at work. These conditions are also referred to as toxic lung disorders or occupational illnesses. They can be challenging to identify, since the symptoms of lung problems often do not show up until the time the person starts working. This is due to the long latency period associated with many toxins.
To be considered an occupational illness, the disease must manifest during the course of employment and the connection between exposures to work and the illness needs to be established by medical research. It is important to seek legal counsel immediately if you suspect that you may have acquired a health issue or illness as a result of your railroad work.
Some workplace-related illnesses include benzene leukemia, fibrosis in the lung, chronic obstructive lung disease (COPD), and hypersensitivity pneumonitis. These illnesses are caused by the inhalation of vapors, gases, dusts fumes, and cigarettes smoke. The symptoms of these diseases can vary depending on the type of toxin being used and the size of particle that is inhaled.
Workers may also suffer from muscle and skeletal injuries as a result of the physical demands of their jobs. These injuries are known as repetitive stress injuries and can cause weakness or pain in various parts. Rail workers, for instance are often afflicted with tennis elbow or lateral epicondylitis. The injury causes rupture of the tendons of the upper arms.
Diesel Exhaust
Diesel fuel is used by almost all locomotives, so railroad workers are exposed daily to diesel fumes. Diesel exhaust is a source of many pollutants, including particulate material as well as volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust could cause a range of health issues that include asthma.
The toxins in diesel exhaust can be even more harmful to those who smoke, which is why smokers are more susceptible to the development of lung diseases like COPD. Research on diesel exhaust has also revealed that the pollution is a risk factor for developing cancer, specifically leukemia and non-Hodgkin lymphoma.
For a long time, locomotives would operate continuously at train yards, dispersing an enormous amount of diesel exhaust into communities close to the railroad. Diesel exhaust is especially dangerous for the majority of working class and minorities communities that are close to these railroad yards.
The benzene that is found in diesel exhaust and fuel is associated with leukemia. Railroads should limit the use of these chemicals and ensure that their employees are educated on safety procedures. For instance, a local congressman has recently urged the commuter rail railroad Metrolink to conduct a risk assessment of the exhaust from its diesel engine which is released into primarily working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA.
Asthma
Current and former railroad workers may be able to claim against their employer if long-term exposure leads to pulmonary disorders like asthma. A successful FELA case could allow for compensation for the financial, emotional and physical consequences of a pulmonary disorder.
Asthma symptoms include wheezing and coughing. They can also cause chest tightness as well as shortness of breath. It can make everyday activities difficult. In more severe cases, asthma can cause someone to be admitted to a hospital for respiratory failure.
It is the responsibility of railroad companies to ensure that their workers are safe and healthy. This means that they must ensure that the cabins of locomotives are properly ventilated, using proper safety equipment, and limiting exposure to harmful fumes. Failure to comply with this can cause occupational health issues such as asthma, pulmonary issues and respiratory illnesses.
If you suffer from mild, moderate, or severe asthma, that you believe is due to your railroad work You should seek the advice of an expert New York railroad settlement attorney. Your lawyer can assess your situation and assist you to determine whether it is a FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could offer financial compensation for the negative impact your illness has caused to your career and personal life.