Rail workers are exposed harmful fumes, which can cause asthma, other respiratory diseases, and toxic brain disease. These fumes include creosote and diesel exhaust, silica dust, chemical compounds and vapors, paint and solvents.
If you've developed Asthma injury as a result of the negligence of your employer and you have asthma, you may be entitled to compensation under the Federal Employers Liability Act (FELA). To learn more about your legal options, Asthma Railroad Lawsuit contact an attorney representing railroad workers who have Asthma injury settlements.
Diesel Exhaust Exposure
Diesel exhaust, or DEE is a mixture of ultra-fine and fine particles of soot. These particles bypass many of the body’s natural defense mechanisms, and enter the lungs deep. These tiny particles also have rough surfaces that trap and carry other toxins from the environment into the body.
Diesel particulate matter can cause asthma and cause wheezing, irritated lung and breathing difficulties. It could lead to emphysema, bronchitis, and other respiratory illnesses and heart problems. It can also lead to diminished work performance and eventually death.
Long-term exposure to diesel exhaust could increase the risk of cancer in the larynx, bladder (voice box), esophagus, stomach pancreas, stomach, and the blood system. The International Agency for Research on Cancer (an part of the World Health Organization) has determined that diesel exhaust exposure could cause lung cancer.
Diesel emissions also contribute to the formation of ground-level ozone that can damage crops, destroy vegetation and reduce visibility. Acid rain can also affect the quality of drinking water. It damages lakes and rivers and also can pollute food chains.
Asbestos Exposure
Asbestos is comprised of thin, long fibres of silicon which are used to create various manufacturing and building materials. Asbestos can cause cancer, an air pollutant that could cause respiratory issues as severe as COPD. The symptoms of COPD can include breathlessness, chest tightness and wheezing. People may be exposed to asbestos when microscopic dust particles enter the air and breathed into. The fibers are released after older buildings and materials containing asbestos are damaged or disturbed.
Before asbestos safety regulations were put into effect the majority of workers were exposed to asbestos at work. This exposure could happen directly on the job, such as for workers in shipsyards for naval vessels, mining and aerospace engineering. It can also happen in the event that people brought home dust from their jobs on their skin, clothing, and hair. Asbestos can trigger serious lung conditions like mesothelioma or pleural effusions. It can cause rounded atelectasis, where the lungs are folded and have fibrous tissue around them.
Toxic Encephalopathy
When a person is poisoned, their body can suffer from severe and lasting issues. This is usually observed when there is a loss of brain function, also called encephalopathy. It can be caused by birth defects, medications that cause side effects or exposure to certain chemicals or diseases, for instance Alzheimer's disease.
The most common type of toxic encephalopathy happens when neurotoxic chemicals are exposed to low levels over many years. These chemicals can cause damage to nerve endings that transmit electrical impulses to the brain and allow the brain to translate these signals into actions and thoughts.
Subjects to this type of pollution may develop insidious symptoms with no immediate changes in their behavior or consciousness. Asthma settlements is another symptom. These chemicals can harm the cells in the brain which regulate breathing and movement. People suffering from this condition may experience breathing problems, experience headaches, or become disorganized. They may even have mood swings and memory issues. In some cases, if the brain is exposed for long periods of time it may completely change.
FELA
If a railroad worker's employer was negligent, or at least partially negligent, in the occurrence of Asthma Railroad lawsuit or other lung ailments, the employee could be entitled to compensation. This is typically several times more than the benefits that are provided by the state laws on workers' compensation for non-railroad workers.
Rail companies are accountable for the safety of their employees and must take reasonable measures to prevent accidents. When a company fails to safeguard employees from exposure to diesel exhaust, asbestos, or other hazards workers can be suffering from serious health issues which can cut their work years short and leave them permanently disabled.
In FELA cases, a worker must prove that the negligence of their employer caused or contributed to their injury, Asthma Railroad Lawsuit or that the injury was caused through their work. The burden of proof might be lower than in cases involving workers' compensation However, plaintiffs still need to prove that railroad negligence contributed to their injury. A knowledgeable FELA lawyer can assist clients establish this evidence.
Worker's Compensation
People who suffer from asthma or lung issues caused by their job may receive workers compensation. Asthma is a respiratory disorder, is caused by the lung's airways narrowing and releasing excessive mucus. It can be caused by many various factors, such as unhealthy working conditions.
Physicians should provide a rational report to justify claims made by patients suffering from occupational allergies. The report should describe the ways in which exposure to toxic substances at covered work sites affected or worsened occupational asthma. It is important to keep a paper trail of the initial symptoms, the doctor's diagnosis, and the workers claims for compensation.
If an Asthma railroad injury claim is denied based on causation, the DEEOIC will compile a thorough list that will be sent to the district offices and the Final Adjudication Branch (FAB). These cases will be analyzed according to the causation guidelines provided in this bulletin. The claim is accepted if the medical evidence confirms the diagnosis of occupational asthma. The patient may be required to stop any further exposure to the sensitizer.
