A recent multiple myeloma lawsuit was filed against the Long Island Railroad Company alleging the plaintiff developed cancer due to his exposure to harmful, hazardous and toxic chemicals.

The plaintiff, Peter M., a resident and citizen of the United States, says that he developed multiple myeloma while working for the rail line company. The multiple myeloma lawsuit, filed on Jan. 1, 2018, was filed in New York federal court.

According to the multiple myeloma lawsuit, Peter worked as an employee for Long Island Railroad Company (LIRR) from 1999 through 2015. He worked for LIRR as an electrician in New York, Hillside Yard, and Queens. Throughout his employment, Peter alleges he was exposed to multiple hazardous chemical substances that he says eventually led to his development of multiple myeloma.

According to the multiple myeloma lawsuit, Peter “was exposed to and inhaled harmful, hazardous and toxic chemicals, agents, fumes, particles, and substances, including but not limited to diesel exhaust, diesel fumes, creosote, welding fumes, dust, powders, [and] dioxins …” Peter says that through his employment he was required to work without proper protective respiratory equipment and states that his employer withheld knowledge of possible risks associated with exposure to hazardous chemicals.

According to the multiple myeloma lawsuit, LIRR faces claims for negligence, failure to provide a reasonably safe work environment, failure to exercise ordinary care by providing Peter proper protective clothing and equipment, and for failure to warn Peter about possible risks involved with exposure to dangerous chemicals and substances.

Federal Employers’ Liability Act (FELA)

The Federal Employers’ Liability Act (FELA) provides relief to railroad employees who have suffered injuries while working for a rail line company. The act allows employees to seek compensation against their employers in federal or state court.

Under FELA, a rail line employee who brings a successful lawsuit, may recover damages for their loss of earnings and compensation for pain and suffering they may have suffered. If a railroad employee was injured while on the job and that injury resulted in a reduced ability to acquire a wage, further recovery for such damages are also available through FELA.

FELA requires railroad companies to provide employees a reasonable and safe work environment. This includes the safety of equipment railroad employees use during the time of their employment with the railroad company. Some equipment may include machinery, tools, locomotives, cars, and rail tracks.

Chronic diseases have been linked to chemicals like benzene and materials like creosote and asbestos, all of which may be found throughout railroad facilities. Over time, exposure to these hazards can heighten a railroad worker’s cancer risk.

The Multiple Myeloma Lawsuit is Case No. 1:18-cv-00155, in the U.S. District Court for the Southern District of New York.