Jurors in a trial in Madison County, Wisc. have ruled that Union Pacific Railroad was responsible for a railroad worker’s injuries linked to long-term creosote exposure.

The plaintiff in the case was awarded $7.5 million in compensation for his injuries sustained while working for 31 years in the railroad industry. The plaintiff was diagnosed with acute myeloid leukemia, a known risk factor of creosote exposure.

The plaintiff alleged that the railroad company was responsible for the injuries due to its failure in providing its employees protective equipment while they engaged in their duties, and that Union Pacific knew of the dangers linked to creosote exposure and other toxic substances but failed to protect workers.

The plaintiff was employed with Chicago & North Western Railway for 18 years prior to its acquisition by Union Pacific. During his employment with CNW, the plaintiff states that he was continually exposed to toxic chemicals on a routine basis, and in fact, his clothes were often soaked with creosote, lead and other solvents.

Creosote is a mixture of hundreds of different chemicals, and is usually referred to as coal tar creosote. It is used to preserve wood, and wood treated with creosote is commonly used in the railroad industry for railroad tracks.

It is believed that through touching the skin, creosote can begin to do damage in the body. In addition with being diagnosed with acute myeloid leukemia, the plaintiff claims he suffers from injuries to his feet as well as his legs, impaired vision, impotence, memory loss, graft versus host disease and cancer.

He also says he  has suffered from significant weight gain due to the medications he takes, and this further exacerbates his medical conditions and increases his suffering.

During his railroad work employment, the plaintiff states he was responsible for picking up rail ties, then dropping off the rail ties prior to installing wet ties that were soaked with creosote, solvents and other hazardous materials.

His responsibilities included washing the ties and related equipment, which caused his entire body to be covered in toxic substances.

He states in his creosote exposure lawsuit that CNW only provided railroad workers with hard hats and gloves. When the company was acquired by Union Pacific, he states that more protective equipment was provided, but with the 18 years that he spent with little protective equipment, the damage had already been done.

Despite Union Pacific’s stance that the amount of benzene chemical exposure that took place as a result of creosote exposure was not significant enough to pose a health risks, the jury disagreed.

The plaintiff’s attorney likened the railroad company’s arguments to saying that the plaintiff was not poisoned enough in order to deserve legal compensation for his physical injuries.

The plaintiff’s attorneys asked for $8 million in damages, and the jury came close by awarding $7.5 million.