Leukemia lawsuit and Asthma
Rail workers are frequently exposed to toxic chemicals and fumes such as asbestos and silica. The exposures can result in lung diseases, such as asthma.
Fortunately, the victims could be entitled to compensation under the Federal Employers' Liability Act. cancer lawsuit can assist. Check out the following examples of verdicts that have won and settlements.
Diesel Exhaust
Since trains run on diesel fuels, railroad workers are exposed all day to diesel fumes. These fumes contain a mixture of tiny soot particles gases and other toxic chemicals that can cause serious health problems. Exposure to these fumes may cause the development of asthma and other pulmonary diseases.
Railroads have been aware of dangers of exposure to diesel exhaust for decades. Many companies have not taken the proper precautions to protect their employees. As a result, some railroad workers have developed respiratory diseases that are debilitating.
In conjunction with other workplace hazards like asbestos, silica, and creosote exposure to diesel fumes can result in the development of life-threatening pulmonary diseases, including asthma. These conditions can hinder railroad workers from returning back to their jobs, and may even reduce their overall health.
In one instance our lawyers successfully defended an FELA claim asserted by a former engineer who claimed to have developed leukemia and other cancers as a result of the exposure to diesel fumes and other toxic chemicals while working on railway equipment. The court granted summary judgment in favor of the railroads in question, deciding that Plaintiff did not make an adequately thorough search for information regarding his condition at the time of diagnosis, and that his claims were time-barred.
Dust
Railroad workers are often exposed to various types of dust, such as silica from coal dust, ballast and chemical or petroleum fuels. These harmful substances can be harmful to the health of workers and can lead to respiratory illnesses like asthma.
Our FELA lawyer has assisted many people seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain ailments to demand accountability from their employers for failing to safeguard workers from hazardous workplaces.
A Montana jury, for example has awarded $3.7 Million to a former engineer of the railroad who was suffering from pulmonary fibroidsis, which is a lung condition that progresses due to scarring of the lung tissue. His FELA claim claimed that breathing diesel exhaust on hundreds, if not 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 caused by an unrelated reason.
Similar to that, Friends of the Columbia Gorge and Sierra Club successfully filed a lawsuit against BNSF railroad over its coal trains. Each time a train passes the Gorge it pollutes the habitats for plants and wildlife, the wetlands, tributary rivers and the Columbia River. BNSF has accepted to stop transporting coal through the Gorge, and other locations.
Asbestos
Rail workers have been exposed to hazardous chemical substances for a long time. Other toxic substances remain in the workplace, even when asbestos has been removed. Chemical solvents can cause asthma and respiratory ailments. Railroad workers are able to sue their employers to obtain compensation.
In one case the jury determined that a 61-year-old locomotive engineer was suffering 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 underwent two back surgeries, including an lumbar spine fusion that was multi-level. All of this added up to significant medical costs.
He stated that his body was constantly exposed to diesel exhaust fumes as well as strong smells. He also said his body was constantly exposed silica particles as well as chemical compounds, spray paints and black smoke. His chest tightened and throat hurt. Bladder cancer lawsuit had trouble swallowing. He suffered from allergies and bronchitis, too.
The railroads prevailed in arguing that the release of the plaintiff in 1996 should be a bar to his new suit because he knew about the risk of exposure to asbestos. Hughes Law Offices argued that the statute should be enacted until the plaintiff is diagnosed with cancer to allow him to seek medical evaluation and determine whether the condition is related to his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases or any other type of cancers that may be caused by working in the railroad industry, you may have the right to bring a lawsuit under FELA against the company which employed you. cancer lawsuits can provide compensation for medical expenses, lost wages and suffering and pain. Contact a Houston FELA lawyer today to discuss your case.
A jury awarded a former Conrail engineer $2.6 million in the course of his occupational illness trial after determining that the retiree's asthma, which is a chronic problem, was caused by his nearly constant exposure to diesel exhaust fumes when working on rail yards to work with locomotives. The lawyers representing the plaintiffs argued that railroads did not prevent exposure to diesel exhaust by not installing adequate ventilation in locomotive cabs.
In addition to the diesel fumes railroad workers breathe, they also frequently come into contact toxic chemicals as well as other harmful substances during their jobs. In railroad maintenance and construction material, asbestos, benzene and other carcinogens can be discovered. These hazardous materials can cause various kinds of cancers, as well as serious health issues, including asthma.
If you have asthma that arose due to your working on the railroad, or if you have someone you love who has been diagnosed with cancer that may be connected to the rail industry or a railroad, an Houston FELA lawyer can help you make your employer accountable for their negligence. Engaging an experienced attorney as soon as possible will help you maximize your chances of receiving the financial compensation you're entitled to for the pain and suffering.