By Joanna Szabo  |  December 16, 2016

Category: Labor & Employment

Railroad Worker LawsuitA recent railroad worker lawsuit has resulted in an award of $7.5 million for a railroad employee who allegedly suffered from cancer after exposure to dangerous chemicals.

The railroad worker lawsuit has been in the works for years.

The plaintiff filed the complaint against employer Union Pacific Railroad company back in December 2010, claiming that he developed acute myeloid leukemia, a type of cancer, as a direct result of being exposed to toxic chemicals while working on a railroad.

The railroad worker lawsuit alleges that the plaintiff’s duties on the railroad included picking up railroad ties and dropping them off, as well as installing soaking wet ties—allegedly covering him with creosote.

Though the company provided a hard hat and gloves, the lawsuit claims, no other protective clothing was provided, despite regulations requiring such protection beginning in 1986.

The plaintiff’s cancer diagnosis came in August 2008.

The exposure to toxic chemicals has led, the railroad worker lawsuit alleges, to a number of serious complications, including poor eyesight, bad legs and feet, medication weight gain, impotence, graft versus host disease, and memory loss, among other issues.

According to the railroad worker lawsuit, the toxic chemicals involved include creosote, degreasing solvents, and lead.

The award is only slightly less than what the worker’s attorney asked for in the closing arguments—a total of $8 million.

A number of toxic chemicals have been linked with working on the railroad. One of these is Benzene. Benzene is a dangerous chemical, and is classified as a known carcinogen, or a substance capable of causing cancer.

Even though the use of Benzene has been banned for over 20 years here in the U.S., the dangerous chemical was used in many railroad products for a long period of time.

Railroad workers may therefore have been exposed to Benzene when working on the railroad.

The burning of diesel fuel causes the most dangerous forms of Benzene, which is subsequently released into the environment and can cause damage.

Benzene is not the only carcinogen that a railroad worker may be exposed to in their work. Another risk is creosote, which has been linked with skin cancer and scrotum cancer.

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, 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 Railroad Worker 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.

If you worked on the railroad for more than five years and were later diagnosed with cancer between 2013 and 2016, you may be able to file a railroad worker lawsuit.

The Railroad Worker Lawsuit is Case No. 10-L-1213 in Madison County Circuit Court.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual railroad worker cancer lawsuit or class action lawsuit is best for you. [In general, railroad worker cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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2 thoughts onRailroad Worker Lawsuit Jury Awards $7.5M Over Man’s Cancer Diagnosis

  1. Samuel Bernard Herrington says:

    I worked for Norfolk Southern Railroad for 8 years and Savannah Port Terminal Railroad for 10 years and was exposed to different types of chemicals. After retirement developed prostate cancer.

  2. Tommie Horne says:

    I worked for Southern Pacific Railroad in Houston, Texas between 1991 and 1995, I worked as a Track Labor installing Railroad Switches and Panel. Our assignment was to rebuild the Inglewood Humping Yard in Houston, Texas. During my employment I handle creosote-soaked Cross Ties, and I would have this material all over my cloths, hands, face during my shift. In 2012, I was diagnosed with Prostate Cancer by Kaiser Permanent in Santa Clara, California. I am submitting this application with hopes that the Prostate Cancer and my employment with Southern Pacific may be connected.

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