An Illinois railroad worker recently diagnosed with leukemia has filed a lawsuit over Benzene exposure from his time working on the railroad.

The plaintiff, now 59 years old, worked on the railroad from the late 1970s until 2008, first for Chicago and North Western Railroad, later purchased by Union Pacific.

The plaintiff was diagnosed with acute myeloid leukemia, a dangerous and fatal kind of blood cancer. The plaintiff was also forced to retire earlier because of his acute myeloid leukemia diagnosis.

According to the lawsuit, the plaintiff’s leukemia diagnosis is a direct result to creosote and benzene exposure while working on the railroad, the extensive exposure to toxic chemicals on the railroad ties becoming dangerous.

Indeed, the plaintiff reports “frequently return[ing] home from work covered from head to toe with creosote [with] his t-shirt, pants and shoes…soaked.”

In response, Union Pacific argues that there is no conclusive evidence as of yet regarding the connection between these chemicals and acute myeloid leukemia.

The company further claims that it has no liability for the unsafe work environment the lawsuit notes because creosote-coated railroad ties are legal.

However, correlations between creosote and benzene exposure and cancer have already been found.

Creosote and Benzene Exposure Problems

Creosote, a name for coal tar, is a kind of chemical used to coat railroad ties. Lengthy exposure to creosote is a known cause for skin cancer.

Federal agencies recommend that companies avoid using lumber coated with creosote for both residential construction and private landscaping for safety reasons. In some states, nonindustrial uses of creosote are even illegal.

Benzene, a chemical component of creosote, is a known carcinogen. In general, benzene is only present in small amounts.

Given this, the Union Pacific defense questions how significant the benzene exposure the plaintiff allegedly regularly suffered from could really be.

Multiple forms of cancer have been linked with exposure to Benzene, including lung, bladder, kidney, colon, stomach, rectal, throat, esophageal, Hodgkin’s Lymphoma, mesothelioma, multiple myeloma, Non-Hodgkin’s Lymphoma, leukemia, and other cancers.

According to plaintiffs who have filed a railroad worker lawsuit like this one, railroad companies whose workers have been exposed to dangerous chemicals and developed cancer may be in violation of the Federal Employers Liability Act (FELA).

FELA allows such employees to seek financial compensation for their pain and suffering.

Filing a Benzene Exposure Lawsuit

If you or someone you love has developed cancer after working on the railroad, this may be the result of exposure to Benzene and you may therefore qualify to file a railroad worker lawsuit.

While filing a benzene exposure lawsuit cannot reverse the damage of dangerous cancer or bring a loved one back to life, it can help to offset the financial damages often incurred by medical expenses.