A Texas man has filed a railroad cancer lawsuit against his former employer, BNSF Railroad, claiming that he developed cancer as a result of his exposure to dangerous chemicals on the job.

Plaintiff John C. worked for BNSF Railroad from 1997 to 2011. BNSF Railroad also operates the Burlington Northern Railroad and the Santa Fe Railway. It operates railroad cars, repair facilities, locomotives and engaged in business throughout many U.S. states including Texas.

This railroad cancer lawsuit claims that John worked for BNSF Railroad as brakeman, a conductor and an engineer.

His claims fall under FELA, the Federal Employees Liability Act. FELA was enacted in 1908 to protect railroad workers and compensate them if they were injured on the job. It ensures that railroads work hard to protect the safety of their employees and are not negligent.

John worked in BNSF Railroad yards, building and locomotives. This railroad cancer lawsuit claims that during his employment, he was exposed to different toxic substances including carcinogens. These carcinogens, according to this railroad cancer lawsuit, were found in solvents, diesel fuel, diesel exhaust, benzene, heavy metals, creosote, manganese and rock and mineral dust fibers.

The plaintiff claims that he was exposed to these toxic and cancer-causing chemicals by touching them, inhaling them or consuming them. Because of this, he claims, he developed colon and liver cancer.

This railroad cancer lawsuit alleges that John’s exposure to these carcinogens were cumulative over time and he was exposed at different levels throughout this work for BNSF Railroad.

He believes that BNSF Railroad was negligent. John claims that the railroad knew that it was using known carcinogens in its operations and that these chemicals were “deleterious, poisonous, toxic and highly harmful to its employees’ health.”

According to this railroad cancer lawsuit, BNSF was negligent in failing to “use ordinary care and caution to provide the Plaintiff with a reasonably safe place in which to work as required by the FELA,” and that they were negligent in failing to “take any effective action to reduce, modify or eliminate certain job duties, equipment or practices so as to minimize or eliminate the Plaintiff’s exposure to toxic materials and carcinogens.”

This railroad cancer lawsuit also alleges that BNSF failed to test railroad facilities and equipment for the presence of cancer-causing agents, that they did not follow up in monitoring facilities and equipment, that they did not remediate known toxic materials and carcinogens, and that they did not test employees for the effects of these cancer-causing materials.

John also claims that BNSF failed to warn him of the fact that he might contract cancer or other diseases and that they failed to provide him with protective gear and apparel that would protect him.

He has “experienced and endured pain, suffering, inconvenience, irritation, annoyance; suffered emotional distress; incurred medical expenses associated with diagnosis and treatment” and suffers from a fear of death because of his cancer.

This Railroad Cancer Lawusit is Case No. 6:17-cv-00224-KE-JVM in the United States District Court for the Eastern District of Texas.