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FELA and Railroad Settlement for Asthma

Inhaling diesel fumes on the job can lead to pulmonary ailments, such as asthma.  how did the railroads affect the settlement of the west  can help you in filing a claim for occupational disease against your railroad employer.

Two former railroad employees say they've lost their jobs after suffering from debilitating breathing ailments. Their lawsuits claim that their time as locomotive engineers exposed them to toxins, including gasoline and diesel exhausts, silica particles chemical compounds and paint sprays.

FELA

While the majority of injured workers can submit a claim for compensation through standard state workers' compensation statutes railroad employees must seek relief through the Federal Employers Liability Act (FELA). FELA offers guidelines for recovering similar to those that are in the case of workers' compensation claims.

Railroad corporations have to be held accountable if they expose their employees to harmful workplace exposures and later cause occupational illnesses like mesothelioma, fibrosis, lung cancer, scleroderma, or other respiratory ailments. In contrast to workers' compensation claims, FELA suits are fault-based. This means that the railroad employee has to prove that the employer was negligent in a way. This heavy burden of proof creates FELA lawsuits contentious. Railroad companies, therefore, try to minimize their liabilities 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 workers electricians, welders and welders. There are exceptions for localized independent railroads who do not utilize their tracks to transport goods over long distances.

A competent FELA lawyer is essential to help a railroad employee successfully pursue a lawsuit and hold the company accountable for their injuries. Benzene Lawyers has extensive experience in this field of law and is acquainted with the intricate issues that are involved. For a no-cost consultation call 1-800-BENZENE today.

Occupational Diseases

A person may develop a disease because of occupational exposure to toxic materials. These illnesses are also referred to as toxic lung disorders or occupational diseases. These conditions can be difficult to identify, since the symptoms of lung disorders typically do not manifest until some time after the person starts working. This is due to the long time of latency associated with a variety of toxins.

Medical research must prove that the disease is a result of exposure to work. This is why it is important to seek legal representation as soon as you can if you suspect you have contracted an illness or disease due to your work at a railroad.

Some workplace-related ailments include benzene lung cancer, fibrosis, chronic obstructive respiratory disease (COPD) as well as hypersensitivity pneumonitis, as well as chronic obstructive airway disease. Inhaling gases and vapors fumes and dusts as well as cigarette smoke can cause these diseases. Symptoms of these diseases vary according to the type of toxins and the size of particle that is inhaled.

Workers may also experience muscles-related injuries due to the physical nature of their work. These types of injuries are known as repetitive stress injuries. They can cause pain and weakness in different parts of the body. For instance, railway workers often suffer from lateral ectodondylitis (tennis elbow), an injury that results in the tear of tendons in the upper arm.

Diesel Exhaust

Diesel fuel is used in the majority of locomotives, which means that railroad workers are constantly exposed to diesel fumes. Diesel exhaust is a source of many pollutants, including particulate material, volatile organic compounds, and toxic metals. Long-term exposure to diesel exhaust could lead a variety medical issues that include asthma.

Smokers are more susceptible to lung diseases like COPD due to the toxins found in diesel exhaust. Research on diesel exhaust has also found that the pollutant is a risk factor for developing cancer, including leukemia as well as non-Hodgkin lymphoma.

Over the decades, locomotives have been running all the time in train yards, which has released a considerable amount of diesel exhaust into communities surrounding railroads. This diesel exhaust is particularly hazardous to the predominantly minority and working-class neighborhoods which these rail yards are located.

The benzene present in diesel exhaust and fuel is associated with leukemia. Railroads should limit the use of these chemicals and ensure that their employees are trained in safety procedures. For instance local congressman has recently called on the commuter rail railroad Metrolink to conduct an assessment of risk for the exhaust from its diesel engine which is released into primarily working-class neighborhoods that surround its maintenance yard in Los Angeles, CA.

Asthma

Former and current railroad employees may be able of sue their employer if long-term exposure to the railroad causes pulmonary problems such as asthma. A successful FELA claim may allow for compensation for the financial, physical and emotional effects of a pulmonary illness that is a result of work.

Asthma symptoms include coughing and wheezing. They can also cause chest tightness as well as shortness of breath. It can also make everyday activities difficult. In more extreme cases, asthma can cause someone to be admitted to hospital for respiratory failure.

It is the duty of railroad companies to ensure that their workers are healthy and safe. This includes ensuring adequate ventilation in the cabs of locomotives and ensuring the use of appropriate safety gear and limiting exposure of employees to dangerous fumes. In the absence of this, it could lead to occupational diseases such as asthma and lung issues, and even other respiratory diseases.

If you suffer from a mild, moderate or severe case of asthma that has been caused by your employment on the railroad, discuss your case with a seasoned New York railroad settlement asthma lawyer. The lawyer you choose to consult will assess your situation and help you determine if you should file a FELA lawsuit against your employer is in your best interest. A successful FELA lawsuit could offer financial compensation for the negative impact your condition has affected your career and life.