A woman has filed a railroad worker lawsuit over the death of her husband in October 2016. Terry F. died of multiple myeloma and colon cancer.

Plaintiff Sara F. says her husband Terry F. was employed as a railroad trackman/laborer from 1974 to 2005. BNSF Railway Company, formerly known as Burlington Northern and Santa Fe Railway, was his employer, which engaged in interstate commerce throughout several states.

“Railroads and their facilities are notorious for having been contaminated from years of transporting toxic substances and from the use of toxic substances and known carcinogens in the operation of the railroads themselves,” alleges the railroad worker lawsuit.

Terry worked in various jobs for the railroad. For a time, he was a member of a railroad tie gang that installed and maintained ties. Railroad ties are cured with coal tar creosote, a toxic substance used as a wood preservative. The Centers for Disease Control says creosote is toxic, particularly to the skin and liver.

Wood ties are sometimes treated with borates as well. This dual process of creosote and borates is necessary for some particularly hard varieties of wood that need protection from extreme hot and cold temperature changes that occur throughout the seasons.

Boron occurs naturally in the environment, but borates include other ingredients that make them toxic.

Railroad Worker Lawsuit Alleges Negligence

Over the years, Terry worked in railroad yards, buildings, and along the tracks. The railroad worker lawsuit alleges he was exposed to toxic, carcinogenic substances such as diesel fuel, diesel exhaust, manganese, rock and mineral dust and fibers, benzene and creosote.

The railroad worker lawsuit alleges BNSF failed to create a safe place to work as required by the Federal Employers Liability Act. Terry was allegedly not provided any protective equipment designed to protect him from the exposure he experienced to toxic materials and carcinogenic substances.

Sara says Terry was exposed to many different dangerous substances while working on the railroad. His exposure to asbestos was caused by working on the rail car and locomotive brake shoes. On-track machinery puffed out diesel fumes and benzene. Railroad tracks were welded together with manganese, heavy metals and chemicals. Unknown numbers of chemicals and toxic substances spilled and leaked from overfilled or inadequately maintained freight cars.

Terry allegedly touched, inhaled, and consumed these carcinogenic substances over the years, which “caused or contributed to his development of multiple myeloma and colon cancer.”

The railroad worker lawsuit further alleges that Terry’s exposure to the different toxins varied depending upon his work location and the precise job he was doing.

BNSF is accused of failing to warn Terry of the risks of contracting cancer or other diseases as a result of his exposure to the variety of known carcinogens.

The Railroad Worker Lawsuit is Case No. 8:17-cv-00410-JMG-CRZ in the U.S. District Court for the District of Nebraska.