Sage Datko  |  September 4, 2019

Category: Labor & Employment

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railroad cancer FELA benzene creosote

A recent railroad cancer lawsuit filed by a former train conductor and brakeman against three railroad and insurance companies has resulted in an undisclosed settlement agreement.

Railroad Cancer Lawsuit Results in Settlement Agreement

The lawsuit was filed in September 2017 by plaintiff John P., a former railroad worker of 36 years. John claims that his former employers, Conrail and Norfolk Southern Railway, as well as the insurance company American Premiere Underwriters, violated the Federal Employers Liability Act (FELA) by failing to provide him with a safe working environment during his employment from 1972 to 2008.

He claims that this negligence resulted in his exposure to toxic substances during the course of his job duties as a conductor and brakeman. John additionally claims that exposure to these toxic substances, including benzene, diesel exhaust, and asbestos, resulted in him developing kidney cancer.

According to John, the railroad companies failed to minimize or eliminate his exposure to these dangerous substances, and that as a result he has suffered from pain, suffering, inconvenience, emotional distress, and loss of enjoyment of life, as well as discomfort and expenses associated with his diagnosis.

The settlement agreement was announced on April 16 by the judge in the case. Although the details of the agreement were not disclosed to the public, the initial complaint filed by John indicated that he was seeking financial damages in excess of $50,000, as well as the costs of the lawsuit.

Compensation for Railroad Employees

This recent settlement, as well as other railroad cancer lawsuits, shows how railroad workers who have developed cancer could benefit from speaking with a FELA lawyer. Railroad workers and victims who have developed cancer after exposure to toxic substances at their place of employment may qualify to hire an attorney and pursue compensation.

FELA requires employers to provide a safe working environment for employees. When railroad workers develop cancer or other illnesses due to exposure to toxins on the jobsite, the railroad could be found in violation of FELA.

FELA Lawyer Recognizes Railroad Hazards

Diesel fuel powers locomotives that puff out exhaust full of carcinogens. One of the main cancer-causing agents found in diesel fuel and diesel exhaust is benzene.

Benzene is invisible, but emits a sweet odor. Extremely flammable, benzene evaporates quickly and is found in crude oil, gasoline and cigarette smoke. The colorless carcinogen occurs naturally as a by-product of volcanoes and forest fires.

Benzene has been linked to acute myeloid leukemia, also called AML. Because of this association, the International Agency for Research on Cancer  and the U.S. Environmental Protection Agency have declared benzene a carcinogen.

Other cancers tied to benzene exposure include cancers of the bladder, lung, colon, throat, esophagus, rectum, kidneys and stomach.

Railroad workers work with a wood preservative, coal tar creosote, which the Centers for Disease Control says is a toxin to the skin and liver. Coal tar creosote helps preserve wooden railroad ties that are exposed to extreme temperatures and sunlight.

When a wood is difficult to treat with coal tar creosote alone, the railroad worker might use a dual process that includes treatments with borates.

A borate is boron combined with other ingredients, which together form toxic compounds. Borates are used to create fire retardants, cleaning solvents, fuel and in this case, wood preservatives.

For years, asbestos was another dangerous substance used on the railroads. A FELA lawyer can help pinpoint cancers that asbestos has induced, including mesothelioma cancers.

A survey completed in the 1980s indicated 21 percent of railroad workers age 50 and older had likely experienced asbestos exposure. Only three percent of railroad workers under the age of 50 had likely been exposed.

Asbestos exposure can lead to mesothelioma, asbestosis, lung cancer and other cancers. Mesothelioma cancer is a cancer affecting the lining of an organ. The lining of the lungs is most often where mesothelioma begins because the tiny asbestos fibers float through the air where they are inhaled.

Asbestosis is a chronic lung disease that worsens over time, causing breathing problems due to scarring of the lung tissues. These scars make the lung tissue become thicker and tighter, causing pain and difficulty breathing.

Because of its fire retardant and heat-resistant properties, in the past, asbestos was used on the locomotive’s brakes. The carcinogen’s insulating properties also were well-known, making asbestos a prime choice for that use as well.

Railroad companies should have warned and protected workers who were exposed to benzene, coal tar creosote and asbestos. If you or someone you love developed cancer after working on a railroad, you could benefit from speaking with a FELA lawyer. A FELA lawyer may help you determine if pursing legal action is the right step for you.

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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