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Asthma Railroad Lawsuits

Rail workers are exposed to hazardous fumes which can cause asthma, respiratory disorders, and toxic brain disease. These can include silica dust, diesel exhaust and chemical compounds, paint and solvents.

If you develop asthma as a result of your employer's negligence you may be eligible for compensation under the Federal Employers liability Act (FELA). Contact a railroad worker asthma attorney to learn more about your options.

Diesel Exhaust Exposure

Diesel exhaust (DEE) is a mixture fine and ultrafine particles of soot. These particles bypass many of the body's natural defense mechanisms and enter deep into the lungs. These tiny particles also have rough surfaces that trap and transport other toxins from the environment into the body.

Exposure to diesel particulate matter can aggravate asthmatic conditions and can cause wheezing, irritation to the lungs and breathing difficulties. It can trigger bronchitis and Emphysema in addition to other respiratory diseases and cardiovascular problems. It can also cause premature death as well as a decline in productivity at work.

Long-term exposure to diesel exhaust increases the risk of cancers occurring in the larynx, bladder and the esophagus (voice box), stomach, pancreas and the blood system. The International Agency for Research on Cancer, an arm of the World Health Organization, has confirmed that exposure to diesel exhaust may cause lung cancer.

In addition diesel emissions contribute to the formation of ground-level ozone that damages crops, kills vegetation, and decreases visibility. Acid rain can also impact the quality of drinking water. It can damage lakes and rivers, and affects food chains by contaminating them.

Asbestos Exposure

Asbestos is a class of thin, long silicon fibers that are used in various building and manufacturing materials. It is considered an air pollution source and a carcinogen for humans. It can trigger chronic and severe respiratory conditions such as COPD. The chest tightness, breathlessness, and wheezing are symptoms of breathing conditions. Asbestos may be inhaled when tiny dust particles are released into the air. When buildings or older materials that contain asbestos are damaged or disturbed, asbestos fibers are released.

Before asbestos safety regulations went into effect, millions of workers were exposed to asbestos at work. People working in mining, aerospace engineering and naval shipyards could be exposed to asbestos while during their work. This exposure could also occur indirectly, as people carry dust from their work home on their clothing or skin. Asbestos may cause serious lung diseases such as mesothelioma or Pleural effusions. It could also cause rounded atelectasis, where the lungs become folded and Asthma Railroad Lawsuits have fibrous tissue surrounding them.

Toxic Encephalopathy

When a person is poisoned their body may suffer severe and lasting problems. This can happen when there is a loss in brain function. It can be caused by birth defects, medication adverse effects or exposure to certain chemicals or diseases like Alzheimer's disease.

The most prevalent form of toxic encephalopathy develops when neurotoxic chemicals are exposed to low levels for many years. These chemicals may damage nerve endings that help transmit electrical signals to the brain and enable the brain to translate these signals into thought and action.

Workers exposed to this type of pollution could develop nefarious symptoms without any immediate changes in behavior or consciousness. Asthma is another symptom. These chemicals can harm cells in the brain that control movement and respiration. This condition can trigger headaches, breathing difficulties, or incoordination. They may also experience memory issues and mood fluctuation. In certain cases the brain can change completely if exposed long enough.

FELA

Railroad workers may be entitled to compensation if their employer caused asthma or other lung conditions through negligence or in part. This is typically several times more than the benefits that are provided by the state's laws on workers' compensation to non-railroad workers.

Rail companies are accountable for the safety of their workers and must take reasonable precautions to avoid accidents. If a company does not fulfill its obligation to safeguard workers from diesel exhaust, asbestos or other dangers and hazards, they could suffer serious health conditions that could make their working hours less productive and render them permanently disabled.

In FELA claims, a person must prove that the negligence of their employer caused or contributed to their injury or that the injury was aggravated due to their work. This burden of proof is less than that which is required in claims for workers' compensation however, it is still required for a plaintiff to prove that railroad negligence played a part in their injuries. A knowledgeable FELA attorney can assist clients to establish this evidence.

Worker's Compensation

The employees who suffer from asthma caused by railroad how to get a settlement or lung ailments associated with their work may receive workers compensation. Asthma is a respiratory condition, is caused by the airways in the lungs narrowing and producing a lot of mucus. It is caused by a number of diverse factors, Asthma Railroad Lawsuits including unhealthy working conditions.

Physicians should provide a rational report to justify claims for patients with occupational allergies. The report should describe the ways in which exposure to toxic substances on covered work sites contributed to, or aggravated, occupational Asthma railroad settlements. It is essential to keep a paper trail of the first symptoms as well as the doctor's diagnosis and the workers compensation claim.

If an asthma claim is denied based on causation, the DEEOIC will compile a thorough list that will be sent to the district offices as well as the Final Adjudication Branch (FAB). These cases will be reviewed in accordance with the causation guidelines provided in this bulletin. If the medical evidence supports a diagnosis of occupational Asthma lawsuit, the claim will be accepted. However, the patient may need to be removed from any future exposure to a work sensitizer.