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Railroad Settlements and Asbestos

In 1862, Congress passed the Pacific Railroad Act, which financed two transcontinental railroads by the granting of large amounts of lands for rights-of-way. Railroad workers who develop cancer as a result of workplace exposures can sue their employers under the Federal Employers' Liability Act (FELA).

A jury in Illinois awarded $7.5 million to a former Union Pacific Trackman who died of acute myeloid lymphoma. The judge blamed the blood-cancer on exposure to creosote, benzene and other chemicals used to preserve railroad ties made of wood.

Creosote

Coal tar creosote, the wood preserver used to protect railroad tie from heat, sun and cold, rain, and snow. Workers are exposed chemicals and solvents, like benzene during the application of coal creosote tar. Benzene, a known carcinogen can cause leukemia as well as non-Hodgkin lymphoma as well in other serious side effects such as convulsions, heartbeat changes, liver damage, anemia and cancers of the lungs and body.

Our lawyers have successfully defended numerous lawsuits against Union Pacific Railroad for exposure to coal-tar creosote. One of these cases culminated with the amount of $7.500,000 verdict. The plaintiff was a track employee who developed acute myeloidleukemia due to exposure to the chemical compound that is toxic in his work over 31 years. The jury concluded that the railroad did not provide any personal protective equipment, and frequently exposed him broad range of toxic chemicals including coal-tar creosote and coal tar distillates, carbolineum and naphtha and other cleaning solvents.

Another theory was the use of copper naphthalenate an alternative to creosote derived from coal. Although copper naphthenate may be less hazardous to the environment than creosote is, it can still be extremely harmful. Copper naphthenate is a cancer-causing agent and can cause nerve, skin and lung damage to the lung, skin and nerves. It also can contaminate soil and groundwater with benzene.

Benzene

Benzene is a colorless, liquid petroleum hydrocarbon that is used to make resins, plastics and synthetic fibers. It is also used in diesel fuel and exhaust. Diesel fumes are inhaled regularly by almost all railroad workers. Benzene is a carcinogen, and has been linked to leukemia and myelodysplastic syndrome (MDS).

There is no limit to the amount of exposure to benzene. lung cancer lawsuit settlement can be inhaled or absorbed through the surface of the skin. Long-term exposure could damage the blood and cause different health issues, including menstrual cycle irregularities, anemia and fertility problems. Benzene is also associated with certain types of cancers, including lung and breast cancer.

Benzene is a substance that can be consumed orally however it is most dangerous when breathed. Inhaling benzene can cause dizziness, headaches or nosebleeds. Benzene may also affect the immune system and cause infections.


Recent reports have highlighted the high levels of benzene near two Chicago train stations. Commuters railroad workers as well as city residents were exposed to excessive levels of pollution. Schools closed classes and cities urged residents to shelter in place. Railroad workers, including car department employees, locomotive mechanics, electricians and pipefitters utilize products that contain benzene such as Safety-Kleen part washers, CRC Brakleen as well as paints thinners, paints, and other products. Also, benzene is used in printing solvents.

Asbestos

At first asbestos was employed in the railroad industry. Asbestos comprises six naturally occurring fibrous silicate minerals that were extremely popular in construction due to their fire-retardant as well as their corrosion-resistant, fire-retardant and insulate properties. Inhaling these fibers can cause serious health issues like lung cancer, asbestosis and mesothelioma. These health conditions can take up to 30 years before symptoms begin to manifest.

The EPA has stopped the mining and process of asbestos in the United States however it is used in many of the products. This includes certain types of floor felt, paper, and fake fire embers. However, when these materials are exposed to water or heat, they may release toxic asbestos fibers. These fibers can also enter the air when buildings are demolished or when homes are renovated.

A recent study has discovered that exposure to benzene just for five years significantly increases the risk of developing acute myeloid cancer (AML). Consult your physician if you are experiencing symptoms such as night sweats or unexplained weight loss. They can perform a blood test to check for AML.

The EPA settled a recent case against Genesee & Wyoming Railroad Services Inc. GWRSI uses locomotives that run on diesel fuel and emit nitrogen oxides (NOx) and fine particulate matter (PM2.5). This EPA settlement requires GWRSI to replace any of its current locomotives with new ones that meet EPA emission standards.

Diesel Exhaust

As long diesel fuel is used to power freight trains, railroad workers will remain exposed to exhaust. Diesel exhaust is a poisonous cocktail of chemicals, including carcinogens like benzene and carbon monoxide. It also contains oxides of nitrogen, particulate matter and polyaromatic hydrocarbons.

In fact the International Agency for Research on Cancer classified diesel exhaust as a Class 1 carcinogen. Diesel exhaust may also cause respiratory illnesses like chronic obstructive pulmonary disease (COPD) or bronchiectasis. A report published in Environmental Health Perspectives in 2006 related the employment of railroad workers to COPD rates.

When railroad cars and locomotives are in motion and idle, they emit diesel exhaust. The engines that are idling emit gases, such as sulfur dioxide and nitrogen oxidants, in addition to diesel fumes.

The odor of diesel exhaust is usually present in locomotive cabs, where engineers and conductors sit for up to six hours at an time. When employees enter or exit the cabs, the engine and equipment produce more diesel exhaust fumes that pose a risk for respiratory cancers and other issues.

Furthermore railroad mechanics are exposed to diesel exhaust in roundhouses that are not ventilated and shops. They work with moving locomotives and track equipment in closed spaces that can produce dangerous inhalants, such as asbestos-insulated steam boilers and steam pipes and silica sand.

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