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FELA and Railroad Settlement for Asthma

Inhaling diesel fumes on the job can cause pulmonary diseases, including asthma. A seasoned FELA lawyer can assist you to in filing a claim for throat cancer caused by railroad How to get a settlement occupational disease against your railroad employer.

Two former railroad workers claim to lost their jobs due to respiratory illnesses that cause severe pain. The lawsuits allege that the years spent working as locomotive engineers exposed them such as diesel and gasoline exhaust silica dust particles, chemical compounds and paint sprays.

FELA

Railroad employees have to submit claims under the Federal Employers Liability Act. FELA offers guidelines for recovering similar to the ones in place for workers' compensation claims.

Railroad corporations must be held accountable when they expose their employees to toxic workplace exposures and later cause occupational illnesses such as mesothelioma, fibrosis lung pancreatic cancer caused by railroad how to get a settlement, scleroderma or other respiratory illnesses. Contrary to cases involving workers' compensation, FELA lawsuits are fault-based and the railroad worker has to prove the negligence of their employer played some role in causing the injury and damages. This heavy burden of proof is what makes FELA lawsuits a contentious matter. Thus, railroad companies fight to minimize their liability as often as possible.

FELA covers all railway employees employed by common carriers that are involved in interstate commerce, which includes conductors, locomotive engineers, yardmasters, signal maintainers trackmen/maintenance bridge and building workers, welders, and electricians. Localized independent railroads that don't transport goods long distances are exempted from the FELA.

A knowledgeable FELA attorney is essential to help railroad workers 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 complex issues that arise. Contact us at 1-800-BENZENE to schedule a no-cost consultation.

Work-related Diseases

A person could develop a disease due to exposure to toxic substances while at work. These illnesses are also referred to as toxic lung disorders or occupational diseases. Occupational diseases can be difficult to diagnose, as the signs of lung problems generally do not show until some time after the person starts working. This is due to the lengthy time of latency associated with many toxins.

Medical research has to prove that the illness is a result of exposure to work. It is crucial to seek legal advice as soon as you suspect that you have been diagnosed with a condition or disease because of your railroad job.

Examples of workplace-related illnesses include benzene leukemia, fibrosis of the lung, chronic obstructive respiratory disease (COPD) and hypersensitivity pneumonitis. These illnesses result from inhalation of vapors, gases, dusts or fumes, as well as cigarettes smoke. The symptoms of these illnesses vary depending on the type of toxin used and the size of particle that is inhaled.

Workers may also suffer from injuries to their muscles because of the physical nature of their work. These types of injuries are known as repetitive stress injuries. They may cause weakness and pain in various parts of the body. For instance, railroad workers often suffer from lateral epicondylitis (tennis elbow) which causes the tearing of the tendons of the upper arm.

Diesel Exhaust

Most locomotives run on diesel fuel, which means that railroad workers are exposed to diesel exhaust on a daily basis. Because diesel exhaust is full of pollutants including particulate matter, volatile organic compounds, and toxic metals, long-term exposure can lead to a variety of medical conditions, including asthma.

The toxins that are present in diesel exhaust can be more harmful to people who smoke, which is the reason smokers are more at risk of lung-related diseases such as COPD. Research on diesel exhaust has also shown that the pollution is an increased risk factor for developing throat pancreatic cancer caused by railroad how to get a settlement rad caused by railroad how to get a settlement by railroad how to get a settlement (Going In this article), especially leukemia and non-Hodgkin lymphoma.

Over the time locomotives have run continuously in train yards emitting a significant amount of diesel exhaust into the communities surrounding railroads. Diesel exhaust poses a particular risk for the majority working-class and minority neighborhoods located near these rail yards.

The benzene present in diesel fuel and exhaust is associated with leukemia. Railroads must limit the use of these chemicals and ensure that their employees are informed about safety protocols. A local congressman recently requested Metrolink, a commuter rail railroad in Los Angeles, CA, to conduct a risk analysis of the diesel exhaust that is released into the mostly working-class neighborhoods near its maintenance yard.

Asthma

Former and current railroad employees could be able to sue their employer if long-term exposure to the railroad causes pulmonary problems such as asthma. A successful FELA case could provide compensation for the emotional, financial and physical effects of a respiratory disorder.

Asthma symptoms include coughing and wheezing. They can also cause chest tightness and shortness of breath. It can make daily activities difficult. In the case of more severe asthma people may be admitted to hospital because of respiratory failure.

It is the responsibility of railroads to ensure that their workers are healthy and safe. This includes ensuring adequate ventilation in locomotive cabs and ensuring that they use appropriate safety gear and limiting worker exposure to dangerous fumes. Inability to do this could lead to occupational illnesses like asthma, pulmonary ailments and other respiratory ailments.

If you suffer from mild, moderate or severe asthma that you believe was caused by your work on the railroad, you should consult an experienced New York railroad settlement attorney. Your lawyer can assess the situation and determine if filing a FELA lawsuit against your employer is beneficial for you. A successful FELA lawsuit could offer financial compensation for the negative impact that your condition has had on your professional and personal life.