cancer lawsuit and Asthma
Rail workers are frequently exposed to harmful fumes and chemicals such as asbestos and silica. The exposures could cause respiratory disorders like asthma.
Fortunately, victims can recover compensation under the Federal Employers' Liability Act (FELA). A railroad lawsuit asthma attorney can help. Here are a few examples of settlements that have been successful and verdicts.
cancer lawsuits
Since trains run on diesel fuels railroad workers are constantly exposed to diesel fumes. These fumes are composed of soot particles as well as toxic chemicals. Exposure to these fumes may contribute to the development of asthma and other lung illnesses.
Since the beginning of time, railroads have been aware of the dangers posed by diesel exhaust. However numerous companies have failed to take sufficient steps to safeguard their employees. This is why some railroad workers have developed respiratory illnesses that are a major cause of death.
Exposure to diesel fumes, when combined with other workplace hazards, such as asbestos, creosote and even silica can result in life-altering lung diseases, including asthma. These conditions often hinder railroad workers from returning to their work and could affect the quality of their lives.
In one case our attorneys successfully secured the defense of a FELA lawsuit filed by an engineer for locomotives who claimed he was diagnosed with leukemia and other cancers because of his exposure to toxic diesel fumes and toxic chemicals while working on railroad equipment. The court granted summary judgement for the railroads that were defendants, and ruled that Plaintiff did not make an adequately thorough search for information regarding his illness at the time of diagnosis, and that his claims were time-barred.
Dust
Railroad workers are exposed to various types of dust, such as silica from coal dust, ballast and petroleum or chemical fuels. These toxic substances are harmful to health and can trigger respiratory ailments like asthma.
Our FELA attorney has helped a lot of people pursue compensation for exposure to these substances. Fortunately, FELA allows workers who have been diagnosed with certain ailments to hold their employers accountable for failing to safeguard them from unsafe work environments.
A Montana jury, for instance gave $3.7 Million to a former engineer of the railroad who suffered from pulmonary fibroidsis, a progressive lung condition caused by scarring of lung tissue. In his FELA claim, the plaintiff claimed that breathing diesel fumes hundreds perhaps thousands of times contributed to the onset and progress of his lung disease. The testimony of the defense experts could not convince jurors that the locomotive engineer’s lung disease was due to a different source.
Friends of the Columbia Gorge and Sierra Club also successfully filed a lawsuit against BNSF Railroad over its coal trains. Each time a train runs through the Gorge it pollutes habitats for wildlife and plants, tributary streams, wetlands, and the Columbia River with coal dust and other debris. BNSF has decided to stop transporting coal through the Gorge as well as other places.
Asbestos
Rail workers have been exposed to hazardous chemicals for a long period of time. Other toxic substances remain in the workplace even after asbestos has been removed. Chemical solvents are known to cause asthma and respiratory illness. Railroad workers are able to sue their employers to recover damages.
In one case in one case, a 61-year old engineer for the locomotive received $2.6 million following a jury verdict that found that his work on the railroad caused him to suffer from diesel asthma. The condition forced him to take medical leave, resulting in lost wages. He also underwent two back surgeries including an lumbar spine fusion that was multi-level. All of this added up to substantial medical costs.
He stated that the air he breathed was constantly contaminated with diesel exhaust fumes as well as strong odors. He also stated that the environment was constantly exposed to silica particles chemical compounds, spray paints, and black smoke. His chest tense and his throat hurt. He also had difficulty swallowing. He also suffered from allergies and chronic bronchitis.
The railroads won the argument that plaintiff's 1996 release should bar the new lawsuit as he was aware of the dangers of exposure to asbestos. Hughes Law Offices also argued that the statute of limitations should be tolled until the plaintiff was diagnosed with cancer to give him the opportunity to seek medical care and determine if the illness was a result of his work.
Poor Ventilation
If you or someone you love has been diagnosed with lung cancer mesothelioma, lung diseases, or other types of cancers that may be linked to working in the railroad industry, you may be entitled to file an action under FELA against the corporation which employed you. FELA lawsuits may provide compensation for medical expenses and lost wages, as well as suffering and pain, and other damages. Contact an Houston FELA lawyer today to discuss your case.
A jury awarded $2.6 million to a former Conrail engineer in the course of his occupational disease trial after determining the cause of his debilitating asthma. The jury found that his exposure to exhaust fumes from diesel engines was almost every day while working in rail yards. The lawyers representing the plaintiffs argued that railroads failed to protect themselves from exposure to diesel exhaust fumes by not putting in adequate ventilation in locomotive cabs.
In addition to the diesel fumes that railroad workers breathe, they frequently come into contact with toxic chemicals and other harmful substances in their work. In union pacific railroad lawsuit and maintenance materials, asbestos, benzene and other carcinogens may be found. These dangerous materials can cause various kinds of cancers and serious health conditions including asthma.
If you have asthma that is the result of your working on the railroad, or if you have a loved one who has been diagnosed with cancer that may be linked to the railroad industry or a railroad, you should consult a Houston FELA lawyer can help you hold your employer accountable for their negligence. By contacting an experienced attorney as soon as possible to maximize your chances of obtaining the financial compensation you deserve for your suffering and losses.