FELA and Railroad Settlement for Asthma Asthma and other pulmonary diseases can be caused by diesel fumes in the workplace. A seasoned FELA lawyer can help you in filing a claim for occupational disease against your railroad employer. Two former railroad workers claim they have lost their livelihoods due to chronic respiratory ailments. Their lawsuits assert that they suffered from working as locomotive engineers were exposed to toxins such as diesel and gasoline exhausts, silica 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 guidelines in the statutes for workers' comp claims. Railroad corporations must be held accountable when they expose their employees to toxic workplace conditions and later cause occupational illnesses such as mesothelioma, fibrosis lung cancer, scleroderma, or other respiratory illnesses. As opposed to workers' compensation claims, FELA lawsuits are fault-based, meaning the railroad worker must prove employer negligence played at least some part in the injury and subsequent damages. This high burden of proof is what makes FELA lawsuits a contentious matter. In turn, railroads fight to minimize their liability whenever possible. FELA covers all railway workers employed by common carriers in interstate commerce. This includes conductors/yardmasters, locomotive engineers signal keepers, trackmen/maintenance of-way bridge and building employees electricians, welders and welders. Localized independent railroads that don't transport goods long distances are not covered by FELA. A skilled FELA attorney is crucial for helping a railroad worker successfully sue the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and comprehend the complexities involved. To get a free consultation, contact us at 1-800-BENZENE today. Work-related Diseases A person could be diagnosed with a disease due to occupational exposure to toxic materials. These illnesses are known as occupational illnesses or toxic lung disorders. Occupational diseases can be difficult to identify, since the symptoms of lung issues usually do not appear until some time after an individual begins working. This is due to the long time of latency associated with many contaminants. Medical research must prove that the illness is a result of work-related exposures. It is important to seek legal advice whenever you suspect that you've been diagnosed with a condition or disease because of your railroad job. Some workplace-related diseases include benzene lung cancer, fibrosis, chronic obstructive respiratory disease (COPD) as well as hypersensitivity pneumonitis, and chronic obstructive airway diseases. Inhalation of gases and vapors fumes and dusts, as well as cigarette smoke can cause these diseases. The symptoms of these illnesses vary according to the type of toxin being used and the size of particle that is inhaled. Workers can also suffer from musculoskeletal injuries due to the physical nature of their jobs. These injuries are referred to as repetitive stress injuries and they can cause pain or weakness in various parts of the body. Rail workers, for instance are often afflicted by lateral epicondylitis or tennis elbow. This injury can cause tear of the tendons in the upper arms. Diesel Exhaust Diesel fuel is used in nearly all locomotives, meaning that railroad workers are constantly exposed to diesel fumes. Diesel exhaust is a source of many pollutants, including particulate matter, volatile organic compounds, and toxic metals. railroad union settlement -term exposure to diesel exhaust can cause a range of health issues, including asthma. The toxins in diesel exhaust can be more harmful to those who smoke, which is why smokers are more susceptible to the development of lung-related diseases such as COPD. Research on diesel exhaust has also revealed that the pollution is a risk factor for developing cancer, especially leukemia and non-Hodgkin lymphoma. Over the years locomotives have been operating continuously in train yards which has released a considerable amount of diesel exhaust into the communities around railroads. Diesel exhaust is especially dangerous to the mostly minorities and working-class neighborhoods in the area where the rail yards are situated. The benzene in the exhaust and diesel fuel has been linked to leukemia in some individuals, which is the reason railroads need to be careful to limit the impact of these chemicals on their properties and make sure that their employees are trained in safe practices. For example a congressman from the local area has recently asked the commuter rail railroad Metrolink to conduct an assessment of risk for the exhaust from its diesel engine that is released into primarily working-class neighborhoods surrounding its maintenance yard in Los Angeles, CA. Asthma If long-term exposure to diesel exhaust results in pulmonary disorders such as asthma or bronchitis, former and current railroad workers could have grounds to bring an action against their employer. A successful FELA case could allow for compensation for the financial, emotional and physical repercussions of a work related pulmonary disorder. Asthma symptoms include wheezing and coughing. They can also cause chest tightness as well as shortness of breath. It can also make daily activities difficult. If the asthma is severe the patient could be hospitalized due to respiratory failure. Railroad companies are obliged to ensure that their employees are safe and healthy. This includes ensuring that the locomotive cabs are adequately ventilated, with the proper safety gear, and minimizing worker's exposure to harmful fumes. Failure to do this can cause occupational illnesses such as asthma and lung issues, as well as other respiratory ailments. If you suffer from moderate, mild or severe asthma that you believe was caused by your work on the railroad then you should consult an experienced New York railroad settlement attorney. Your lawyer can assess your situation and help you determine if you should file a FELA lawsuit against your employer is in your best interests. A successful FELA claim could provide financial compensation for the negative impact of your health condition on your professional and personal life.
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