A former railroad employee claims that asbestos exposure and other toxic substances contributed to his non-Hodgkins lymphoma. Bringing his lawsuit under the Federal Employer’s Liability and Locomotive Inspection Acts, plaintiff Ronnie S. says that over the course of 33 years, defendant Norfolk Southern Railway Co., failed to protect its workers from exposure to numerous toxic substances. In addition to asbestos, these toxins include creosote, diesel exhaust, and benzene, all of which are known to be carcinogenic.

Case Background

Between 1979 and 2012, Ronnie was employed by the Norfolk Southern as a switchman and conductor, working in the yards and along the rail lines between Chattanooga, Tennessee and Atlanta, Georgia. During those years, he claims he came in contact with a number of toxic substances, specifically diesel exhaust, creosote in varying amounts as well as suffering asbestos exposure. According to his complaint, the defendant either knew, or should have known, about the health risks of the various materials in question and failed to test its facilities for toxins, neglecting to warn its employees and protect them from the effects of asbestos exposure and other dangerous substances.

Specifically, the defendant stands accused of violating or failing to comply with worker protection statutes as outlined under Occupational Safety and Health Administration (OSHA) regulations and requirements of the Federal Employers Liability Act (FELA), which obligates employers to provide their employees with a “reasonably safe” workplace.

About FELA

FELA was signed into law by President Theodore Roosevelt in 1908. The purpose of the law was to protect and compensate railroad workers who suffer on the job injuries, provided they can prove that the company’s negligence was a factor in causing said injuries. It is similar to workers compensation programs, but does not have the same limitation on benefits.

Under FELA, railway companies have a duty to provide their workers with a reasonably safe work environment as well as equipment, including track, locomotives, rolling stock and any other machinery or tools used in the course of their duties. Railroads are also required to conduct regular inspections of facilities and equipment, checking for asbestos exposure and other potential hazards, as well as enforce all safety rules.

Asbestos Exposure and NHL

Asbestos is a  carcinogen, known to cause lung cancer as well as mesothelioma, a deadly form of the disease affecting the visceral lining. The link between asbestos and non-Hodgkin’s lymphoma (NHL) is less clear. However, according to a review published in The Lancet in 1983, researchers have noted “significantly increased standardized mortality ratios” for lymphatic and blood cancers among workers who are routinely subject to asbestos exposure. These findings were supported by evidence showing that lymph nodes constitute a significant pathway for asbestos fibers.

Holding Them Accountable

Ronnie’s counsel says that railway conductors are routinely exposed to toxic chemicals on a daily basis and that the railroad companies do not do enough to protect them. Speaking on a local television news program, he said, “These are things that…for years and years haven’t been dealt with on the railroad. It’s the railroads’ obligation to identify these hazards, warn their people about them and take steps to prevent them.”

Ronnie is seeking $1 million in compensatory and punitive damages.

The Asbestos Exposure Lawsuit is Case No. 19C1146, Circuit Court for Hamilton County, Tenn.