A railroad workers cancer lawsuit filed by James S. and Mary S. against Union Pacific Railroad and the Safety-Kleen Corporation accuses the railroad of negligence under the Federal Employer’s Liability Act (FELA).

The primary plaintiff, James S., and his spouse believe that his renal cancer, which is essentially a cancer affecting the kidneys and bladder, were caused by his exposure to diesel fumes and exhaust from railway locomotives and toxic fumes from cleaning supplies he was required to use while employed as a machinist for Union Pacific. James S. was employed in this capacity since the year 2000.

James S. added the Safety-Kleen Corporation as an additional defendant in this railroad workers cancer lawsuit because they were the makers of the cleaning products he used while on the job with the railroad.

As a co-defendant in the case, the Safety-Kleen Corporation requested that the lawsuit be removed to federal court in May of this year. Safety-Kleen Corporation, speaking for Union-Pacific Railroad, said that this action was approved by the railroad.

Despite this request, the husband and wife plaintiffs requested the judge remand the railroad workers cancer lawsuit back to the state court within the thirty-day time limit of said request.

U.S. District Judge Harry Leinenweber cooperated with the plaintiff’s request in early July. His statement concerning his decision centered around the allegations against Union Pacific Railroad.

While he felt that the court had diversity jurisdiction over Safety-Kleen, he did not believe the same was true of Union Pacific.

The judge made clear that the FELA claims against Union Pacific were not removeable to a federal court. The lion’s share of the case was centered around these supposed violations of FELA by Union Pacific during James S.’s employment as a machinist.

The gist of the arguments for violation were that he was exposed repeatedly and without care or concern on the part of the railroad to diesel exhaust and fumes from cleaning supplies he was required to use. James S. believes the daily exposures are what led to his diagnosis with renal system cancer.

A Higher Incidence of Cancer Among Railroad Workers?

Railroad workers have been found to develop a multitude of different types of cancer because of their exposures to harsh chemicals and fumes on the job. The most common culprit that has been identified is benzene, a human carcinogen present in the fumes of diesel engines. This harsh chemical was also present in the creosote used to coat railroad ties.

The use of benzene in consumer products has been banned for 20 years, but railroad workers are still entitled to compensation for their pain and suffering. A consultation with an experienced railroad work FELA attorney can give workers a good idea of their rights and options.

This Railroad Cancer Lawsuit is Case No. 17 C 3357 in the Circuit Court of Cook County, Illinois.