12 Companies Leading The Way In Railroad Lawsuit Mds
Railroad Lawsuits and Asthma
Rail workers are often exposed to toxic fumes and chemicals like asbestos and silica. The exposures could cause asthma-related respiratory problems.
Fortunately, victims are entitled to compensation under the Federal Employers' Liability Act. An asthma attorney for railroad lawsuits can aid. Here are a few examples of settlements that have been successful and verdicts.
Multiple myeloma lawsuit
Because trains run on diesel fuel, the majority of railroad workers are exposed variety of diesel fumes through the day. The fumes consist of soot particles and harmful chemicals. Exposure to these fumes may cause asthma and other lung illnesses.
Railroads have been aware of the dangers of exposure to diesel exhaust for decades. Many companies have not taken appropriate measures to safeguard their employees. As a result, many railroad workers have been diagnosed with respiratory diseases that are debilitating.
The exposure to diesel fumes, when coupled with other workplace hazards such asbestos, creosote and even silica can cause life-altering lung diseases, including asthma. These ailments can stop railroad workers from returning back to their work, and may even decrease their quality of life.
In one case the attorneys of our firm successfully defended an FELA claim brought by a former locomotive engineer who claimed that he had developed leukemia and other cancers as a result of his exposure to diesel fumes and other toxic chemicals when working on railway equipment. The court granted summary judgement for the railroads that were defendants. It decided that Plaintiff had not conducted an informed search regarding his condition at the time the disease was discovered, and that his claims are not time-barred.
Dust
Rail workers are exposed to many dusts, including silica dust from ballasts and coal dust. They can also be exposed to chemical or petroleum fuels. These harmful substances can be harmful to health and can cause respiratory illnesses like asthma.
Our FELA lawyer has helped many people to seek compensation for their exposure. Fortunately, FELA allows workers who have been diagnosed with certain ailments to make their employers accountable for failing to safeguard workers from hazardous work environments.
A Montana jury, for instance, awarded $3.7 Million to a former locomotive engineer who suffered from pulmonary fibroidsis. This is a chronic lung condition caused by scarring of the lung tissue. The defendant's FELA claim alleged that the inhalation of diesel exhaust on hundreds, if not thousands, of occasions contributed to the development of his lung disease. The testimony of defense experts could not convince jurors that the locomotive engineer’s lung disease was caused by another source.
Similarly, Friends of the Columbia Gorge and Sierra Club successfully sued BNSF railroad over its coal trains. Each time a train passes the Gorge it pollutes the habitats for wildlife and plants, the wetlands, tributary rivers and the Columbia River. In the wake of this lawsuit, BNSF will stop transporting coal through the Gorge and other areas.
Asbestos
Railroad workers have for a long time been exposed to dangerous chemicals. Other toxic substances remain in the workplace even when asbestos has been removed. Chemical solvents, for instance are recognized to cause asthma and other respiratory ailments. This is the reason railroad workers could file lawsuits to recover damages from the companies who hired them.
In one instance the jury found that a 61-year old locomotive engineer was suffering from diesel asthma due to his work in the railroad. The illness led him to be on medical leave and to lose his wages. He also was required to undergo two back surgeries, which included the multi-level lumbar spine fusion that added up to a significant amount of medical expenses.
He claimed that he was constantly exposed to diesel exhaust fumes and strong smells. He also stated that the environment was constantly exposed to silica particles chemical compounds, spray paints and black smoke. His chest tightened up, his throat was aching and he had difficulties swallowing. He suffered from allergies and bronchitis, too.
The railroads won the argument that release of the plaintiff from 1996 should block his new lawsuit because he knew the risk when exposed to asbestos. Hughes Law Offices also argued that the statute of limitations should be extended until the plaintiff was diagnosed with cancer in order to give him the opportunity to seek medical attention and determine if the illness was related to his work.
Poor Ventilation
If you or someone you know has been diagnosed with lung cancer mesothelioma, lung diseases or any other type of cancer that could be caused by working in the railroad industry, you might be able to file an action under FELA against the corporation who employed you. FELA lawsuits can award compensation for medical expenses, lost wages and pain and suffering. Contact an Houston FELA attorney today to discuss your case.
A jury handed down $2.6 million to an ex- Conrail engineer in his occupational illness trial after determining the root of his asthma-related debilitating condition. The jury concluded that his exposure to diesel exhaust fumes was almost constant while crewing locomotives in rail yards. The plaintiffs' lawyers argued that railroads did not prevent 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 also frequently come into contact with toxic chemicals and other harmful substances while doing their jobs. In construction and maintenance materials asbestos, benzene, and other carcinogens can be found. Sadly, these harmful materials can trigger a myriad of cancers and serious health issues, including pulmonary illnesses such as asthma.
If you suffer from asthma that developed due to your work on the railroad, or if you have a loved one who has been diagnosed with cancer that could be linked to the railroad industry or a railroad, hiring a 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 deserve for your losses and suffering.