A Retrospective: What People Discussed About Railroad Lawsuit Mds 20 Years Ago
Railroad Lawsuits and Asthma
Railroad workers often are exposed to toxic fumes and chemicals like creosote, silica asbestos, and creosote. These exposures can lead to asthma-related respiratory problems.
Fortunately, victims are able to recover compensation under the Federal Employers' Liability Act (FELA). A good railroad lawsuit asthma lawyer will assist. Take a look at these examples of verdicts that have been successful and settlements.
Diesel Exhaust
Because trains are powered by diesel fuels railroad workers are constantly exposed to diesel fumes. These fumes are composed of soot particles and toxic chemicals. The exposure to these fumes can contribute to the development of asthma and other pulmonary diseases.
Since the beginning of time, railroads have been aware of the risks associated with diesel exhaust. However the majority of companies have not taken the necessary steps to protect their employees. Railroad workers have been diagnosed with respiratory illnesses that can be debilitating.
Exposure to diesel fumes when coupled with other workplace hazards such as asbestos, creosote and even silica, can lead to life-changing lung diseases, like asthma. These symptoms can prevent railroad workers from returning back to their jobs, and can even impact their overall health.
In one case our attorneys successfully represented the defense of a FELA lawsuit brought by an engineer on the locomotive who claimed that he developed leukemia, and other cancers as a result of his exposure to toxic chemicals and diesel fumes when working on railroad equipment. The court granted summary judgment on behalf of the railroads. It ruled that Plaintiff did not conduct an adequate search for information regarding his condition at the time the diagnosis was made and that his claims are barred by time.
Dust
Railroad workers are exposed to different kinds of dust, including silica from ballast, coal dust, and petroleum or chemical fuels. These harmful substances can be harmful to a person's health and can cause respiratory diseases, such as asthma.
Our FELA attorney has assisted many people pursue compensation for exposure to these substances. FELA allows employees suffering from certain diseases to hold employers accountable for not protecting workers from hazardous workplaces.
A Montana jury, for example, awarded $3.7 Million to an engineer from the past who was suffering from pulmonary fibroidsis. This is a progressive lung condition caused by scarring of the lung tissue. bnsf lawsuit claimed that the inhalation of diesel exhaust on hundreds or even thousands of occasions contributed to the development of his lung disease. The testimony of the defense experts failed to convince jurors that the locomotive engineer's lung disease was due to an unrelated source.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Lymphoma lawsuit goes through the Gorge and pollutes sensitive plant and wildlife habitat, the wetlands, tributary streams and the Columbia River with coal dust and debris. BNSF has agreed to stop transporting coal through the Gorge and in other locations.
Asbestos
Rail workers have been exposed to dangerous chemicals for a long time. bnsf lawsuit remain in the workplace, even though asbestos has been removed. Chemical solvents for example, have been known to cause asthma and other respiratory ailments. Railroad workers can sue their employers to recover damages.
In one case the jury determined that a 61-year old locomotive engineer suffered from diesel asthma due to his work on railroads. The condition caused him to be placed on medical leave and to lose his wages. He also was required to undergo two back surgeries, including an lumbar spinal fusion with multiple levels that resulted in significant medical costs.
He stated that the air he breathed was constantly contaminated with diesel exhaust fumes as well as strong odors. He also said the environment was constantly exposed to silica particles and chemical compounds, as well as spray paints and black smoke. The chest tightened, the throat was aching and he had difficulties swallowing. He suffered from bronchitis and allergies as well.
The railroads successfully argued that the agreements signed by the plaintiff in 1996 should bar his new suit because he was aware of the danger at the time he was exposed to asbestos. Hughes Law Offices argued that the statute should be tolled until the plaintiff is diagnosed with cancer in order to allow him time to seek medical care and determine if his condition is related to his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or other forms of cancer that could be connected to work in the railroad industry, you may have the right to file a lawsuit under FELA against the corporation that employed you. FELA lawsuits can award compensation for medical expenses, lost wages and pain and suffering. Contact an Houston FELA attorney today to discuss your case.
A jury awarded a former Conrail engineer $2.6 million in his occupational illness trial after determining that the retiree's asthma-related illness was the result of his frequent exposure to diesel exhaust fumes when working on rail yards to work with locomotives. The lawyers representing the plaintiffs claimed that railroads failed to protect themselves from exposure by not installing adequate ventilation in the cabs of locomotives.
In addition to the diesel fumes railroad workers breathe, they often come into contact with toxic chemicals as well as other harmful substances during their work. In construction and maintenance material asbestos, benzene, and other carcinogens may be discovered. These hazardous materials can cause a variety of kinds of cancers as well as serious health issues like asthma.
If you have asthma that arose due to your working on the railroad, or in the case of a loved one who has been diagnosed with cancer that could be linked to the railroad industry, an Houston FELA lawyer can help you to hold your employer accountable for their negligence. Contacting a skilled attorney right away can help you maximize your chances of receiving the financial compensation you deserve for your pain and suffering.