A former employee of BNSF Railway alleges he developed railroad worker lung cancer due to asbestos exposure while on the job.

The plaintiff, William F., and his wife Sonja F., have filed the complaint against BNSF Railway, in addition to CBS Corp., and The Budd Co. The lawsuit was filed on Oct. 27 and includes negligence counts against the company, among others.

William, according to the railroad work lung cancer lawsuit, was employed by the railway between 1970 and 2012. During his employment, he became exposed to asbestos by inhaling and ingesting asbestos fibers through the defendant’s products.

BNSF Railway Company is one of eleven Class I railroads located in North America. It is also one of the largest freight railroad networks as well, second to the Union Pacific Railroad. The company is based and headquartered in Fort Worth, Texas and was founded in 1996.

According to William, BNSF Railway exposed him to asbestos fibers in specific products he encountered on the job.

William was diagnosed with lung cancer in May 2017. The disease, he asserts, should never have been caused in the first place; lung cancer can be developed through exposure to asbestos that the company did not protect him from.

William contends that BNSF Railway, along with the other responsible parties, is accountable for his diagnosis. He alleges that the defendants had intentionally included products that contained asbestos even when other substitutes were available.

William claims the defendants provided no warning signs or labels alerting him to the fact that he was dealing with products that contained asbestos fibers and which, therefore, had the potential to cause an asbestos-related lung cancer condition.

Railroad Work Lung Cancer Investigation and Asbestos Facts

According to the National Cancer Institute, asbestos is a name applied to six minerals found in nature. They occur naturally as bundles of fibers and are used for multiple functions in industrial and commercial settings. Asbestos fibers are known to be resistant to fire, heat and chemicals. These are some of the reasons why asbestos has been widely used for so long.

In addition to asbestos, other carcinogens are present in railroad work, putting railroad employees at risk for developing cancer.

One dangerous chemical railroad workers can become exposed to is benzene, a known carcinogen. Even though this chemical has been banned from consumer products in the United States, it can still be found in products on the railroad.

Some cancers following benzene exposure that railroad workers may become diagnosed with include the following: Colon Cancer; Kidney Cancer, Hodgkin’s Lymphoma; Mesothelioma; Esophageal Cancer; and Multiple Myeloma.

In addition to asbestos fibers and benzene, some other carcinogens that may also cause additional cancer risks include creosote and other chemical solvents.

The Federal Employers Liability Act (FELA) is a federal law that was enacted in 1908. It was enacted to help protect railroad workers who become injured in their line of work, or those who become exposed to dangerous chemicals or other carcinogens. If a railroad company fails to provide a safe working environment, they may be liable to the employee under FELA.