Railroad workers who were unaware of the link between benzene and cancer may be eligible to sue their former employers.
Many railroad workers who develop cancer later in life may not immediately realize that their illness could be a result of exposure to hazardous materials such as benzene. Many workers will assume their cancer is a result of other exposures, such as smoking, or family history and not realize the link between benzene and cancer.
However, many former railroad workers develop illnesses as a direct result of the benzene and cancer relationship. Many workers don’t know their legal rights and the ways they may be entitled to compensation under federal labor laws. Multiple studies have shown the link between benzene and cancer and railroad workers may be eligible to file a lawsuit against their former employers for not providing safe working conditions or informing them of occupational risks.
Benzene is a toxic, volatile, flammable liquid that was previously used as an industrial solvent as well as a starting material in making chemicals, plastics, rubbers, lubricants, and other materials. Benzene is classified as a known carcinogen by several national and international health organizations including the International Agency for Research on Cancer (IARC), the National Toxicology Program (NTP), and the Environmental Protection Agency (EPA).
The link between benzene and cancer has been supported by these organizations, prompting the material to be banned as an industrial solvent in the United States. However, benzene is a natural byproduct of crude oil, gasoline, and cigarette smoke, meaning that many workers are still exposed.
Railroad workers are often exposed to benzene while working with trains in environments where large amounts of fuel are burned. When diesel fuel is burned to propel a train, the most dangerous, aerosolized forms of benzene are released into the air. The chemical can then be inhaled or absorbed through the skin.
When the link between benzene and cancer was not well understood, doctors thought that benzene could only cause lung cancer. However, exposure to benzene has also been linked to bladder cancer, colon cancer, kidney cancer, mesothelioma, multiple myeloma, rectal cancer, stomach cancer, leukemia, and more. Other railroad materials such as creosote and other chemical solvents have been linked to cancers, chronic toxic encephalopathy, and other brain diseases.
Railroad companies who were responsible for providing safe work conditions, but allowed workers to be expose to benzene, may be in violation of the Federal Employers Liability Act (FELA). FELA allows employees to file lawsuits against their previous employers if they failed to provide safe work environments. For railroad workers, a FELA lawsuit could hold employers accountable for not warning about the link between benzene and cancer.
If you or a loved one were diagnosed with cancer or another life-threatening illness after working around trains and railroad materials for more than 5 years, you may be eligible for a railroad cancer lawsuit. A railroad cancer lawsuit could help recover compensation for medical expenses, pain and suffering, loss of wages, loss of consortium, wrongful death, and more.
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