FELA and Railroad Settlement for Asthma Asthma and other lung diseases can be caused by diesel fumes in the workplace. A FELA lawyer with years of experience can help you file an occupational disease claim against your railroad company. Two former railroad employees claim they've lost their job due to debilitating breathing disorders. Their lawsuits claim that their experiences as locomotive engineers exposed them to toxins like gasoline and diesel exhausts, silica particles chemical compounds, and paint sprays. FELA Railroad employees must, however, file an action under the Federal Employers Liability Act. FELA provides guidelines for recovery similar to those in the law for workers' compensation claims. Railroad corporations have to be held accountable if they expose their employees to toxic workplace conditions and later cause occupational illnesses like mesothelioma and fibrosis, scleroderma, lung cancer or other respiratory ailments. Unlike workers' comp cases, FELA lawsuits are fault-based and the railroad worker has to prove the negligence of the employer was at least some part in causing the injury and damages. This burden of evidence makes FELA lawsuits a source of contention. Railroad companies therefore try to limit their liability whenever they can. FELA covers all railway employees employed by common carriers engaged in interstate commerce, including locomotive engineers, conductors yardmasters, signal maintainers, yardmasters trackmen/maintenance and maintenance of way bridge and construction workers, welders and electricians. Localized independent railroads that don't transport goods long distances are exempt from FELA. A skilled FELA lawyer is required to help a railroad employee to file a successful lawsuit and hold the company responsible for their injuries. The lawyers at Benzene Lawyers have extensive experience in this field of law and are aware of the complexities that arise. Call 1-800-BENZENE today for a complimentary consultation. Occupational Diseases A person may develop a disease because of work-related exposure to toxic materials. These are referred to as occupational conditions or toxic lung disorders. These conditions are often difficult to diagnose because the signs of many lung conditions do not manifest until a long time after an individual is employed at their job. This is due to the lengthy time between the latency period and toxins. Medical research must establish that the disease is the result of exposures to work. It is crucial to seek legal advice immediately if you suspect that you've been diagnosed with a condition or disease as a result of your railroad work. The most common workplace-related diseases are benzene leukemia, fibrosis and oedema of the lung, chronic obstructive disease (COPD), and hypersensitivity pneumonitis. These illnesses are caused by breathing in vapors, gases, dusts or fumes, as well as cigarettes smoke. The symptoms of these illnesses will vary based on the type of toxin and the size of the particles inhaled. Workers can also suffer from muscles-related injuries due to the physical nature of their work. These injuries are known as repetitive stress injuries, and can cause pain or weakness throughout the body. Rail workers, for instance, are often affected by tennis elbow or lateral epicondylitis. railroad settlements causes the tear of the tendons in the upper arms. Diesel Exhaust Most locomotives run on diesel fuel which means that the majority of railroad workers are exposed to diesel fumes on a daily basis. Since diesel exhaust contains many pollutants, including particulate matter, volatile organic compounds, and toxic metals, prolonged exposure can result in a variety of health issues, including asthma. The toxins that are present in diesel exhaust can be even more harmful to those who smoke, which is why smokers are at greater risk of lung diseases such as COPD. The toxins in diesel exhaust is also a risk factor for the growth of cancers, particularly leukemia and non Hodgkin lymphoma. Over the decades locomotives have been operating all the time in train yards, releasing a large amount of diesel exhaust into the communities surrounding railroads. Diesel exhaust is particularly harmful to the majority of minority and working-class neighborhoods the areas where these rail yards are located. The benzene present in diesel fuel and exhaust has been linked to leukemia in some people, which is why railroads need to be careful to limit these chemicals on their properties and make sure that their employees are trained in the proper 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 released into the mainly working-class neighborhoods surrounding its maintenance yard. Asthma Railroad workers who are currently or former may be able of sue their employer in the event that long-term exposure leads to pulmonary disorders like asthma. A successful FELA claim could grant compensation for the financial, physical and emotional consequences of a work-related pulmonary disorder. Asthma can trigger a range of symptoms, including wheezing, coughing, tightness in the chest, and breathlessness. It can make your daily activities difficult. In more severe cases, asthma may cause a person to be admitted to a hospital for respiratory failure. Railroad companies have a responsibility to ensure that their employees are safe and healthy. This means ensuring that locomotive cabs are properly ventilated, using proper safety equipment, and limiting exposure to harmful fumes. Inability to do this could cause occupational health issues such as asthma, pulmonary problems and other respiratory illnesses. 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 expert New York railroad settlement attorney. Your lawyer will evaluate the situation and determine whether a FELA lawsuit against your employer would be beneficial for you. A successful FELA lawsuit could provide an amount of money to compensate for the negative impact that your condition has had on your career and personal life.
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