FELA and Railroad Settlement for Asthma Inhaling diesel fumes on working can lead to lung diseases, including asthma. A FELA lawyer with experience can assist you with filing an occupational disease claim against your railroad employer. Two former railroad workers claim they've lost their jobs because of debilitating breathing ailments. The lawsuits claim that the years spent as locomotive engineers exposed them to toxins like gasoline and diesel exhaust silica dust particles paint sprays, chemical compounds and. FELA Although most injured workers can make a claim for compensation under the standard state workers laws railroad workers must seek relief through the Federal Employers Liability Act (FELA). FELA provides guidelines for recovery similar to the ones in the case of workers' compensation claims. Railroad companies are accountable for occupational diseases like mesothelioma and lung cancer. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based that is, the railroad worker must prove the negligence of the employer played some role in causing the injury and damages. This burden of evidence creates FELA lawsuits contentious. Railroad companies therefore strive to minimize their liability whenever possible. FELA covers all railway employees who are employed by common carriers who are engaged in interstate commerce, which includes conductors, locomotive engineers yardmasters, signal keepers trackmen/maintenance bridge and building workers, welders and electricians. Localized independent railroads that don't transport goods long distances are not covered by FELA. A skilled FELA lawyer is crucial to help railroad employees successfully pursue a lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this area of law and comprehend the complex issues involved. Contact us at 1-800-BENZENE to schedule a no-cost consultation. Work-related Diseases A person may develop a disease due to exposure to toxic substances at work. These illnesses are also referred to as toxic lung disorders or occupational illnesses. Occupational diseases are often difficult to identify since the symptoms of a variety of lung conditions do not manifest until a long time after an individual has started working at their job. This is due to the lengthy latency period associated with many toxic substances. Medical research must establish that the disease is a result of work-related exposures. railroad cancer settlement is important to seek legal advice whenever you suspect that you may have acquired a health issue or illness because of your railroad work. Some workplace-related illnesses are benzene lung cancer, fibrosis, chronic obstructive respiratory disorder (COPD) hypersensitivity pneumonitis, as well as chronic obstructive airway diseases. These illnesses are caused by breathing in vapors, gases, dusts or fumes, as well as cigarettes smoke. The symptoms of these illnesses vary depending on the type of toxins and the size of particle that is inhaled. Workers may also develop muscular injuries due to the physical nature of their jobs. These injuries are referred to as repetitive stress injuries, and can cause pain or weakness in various parts. For instance, workers on rails often suffer from lateral epicondylitis (tennis elbow) which results in the tear of the tendons of the upper arm. Diesel Exhaust The majority of locomotives utilize diesel fuel which means that railroad workers are exposed to diesel fumes on a daily basis. Diesel exhaust contains many pollutants, including particulate material and volatile organic compounds and toxic metals. Long-term exposure to diesel exhaust can lead a variety medical issues which include asthma. The toxins present in diesel exhaust are more harmful to those who smoke, which is the reason smokers are more at risk of lung diseases like COPD. Research on diesel exhaust has also shown that the pollution is a risk factor for developing cancer, specifically leukemia and non-Hodgkin lymphoma. Over the years, locomotives have been running continuously in train yards releasing a large amount of diesel exhaust into communities that surround railroads. Diesel exhaust is especially hazardous to the predominantly minority and working class neighborhoods in which these rail yards are located. The benzene found in diesel fuel and exhaust is associated with leukemia. Railroads should limit the use of these chemicals and ensure that their employees are educated on safety procedures. For example local congressman has recently urged commuter rail railroad Metrolink to conduct an assessment of risk for the diesel exhaust that is released into predominantly working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA. Asthma If exposure to diesel exhaust results in asthma-related pulmonary conditions, such as, current and former railroad employees may be able to file a claim against their employer. A successful FELA case could provide compensation for the financial, emotional and physical impacts of a work related lung disorder. Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness breath. It can also make your daily activities difficult. In more severe cases of asthma it is possible to be admitted to hospital due to respiratory failure. It is the responsibility of railroad companies to ensure that their employees are healthy and safe. This means ensuring that locomotive cabs are adequately ventilated, with the proper safety equipment, and minimizing the exposure of workers to harmful fumes. If this is not done, it could result in occupational illnesses like asthma, pulmonary problems and other respiratory illnesses. If you suffer from a moderate, severe, or mild case of asthma that is the result of your work on the railroad, you should discuss your situation with an experienced New York railroad settlement asthma lawyer. Your lawyer can assess your situation and assist you to determine if a FELA lawsuit against your employer is in your best interests. A successful FELA claim could lead to an amount of money to compensate for the negative effect of your condition on your professional and personal life.
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