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Railroad Settlements and Asbestos

In 1862, Congress passed The Pacific Railroad Act. This act helped to fund two transcontinental railroad companies by granting large grants for rights-of-way. Railroad workers who contract cancer due to workplace exposures can sue their employers under the Federal Employers' Liability Act (FELA).

A jury in Illinois has awarded $7.5 million to an ex- 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 protect wooden railroad ties.

Creosote

Coal tar Creosote is the wood preserver employed to shield railroad ties from the sun, heat and cold, rain, and snow. Workers are exposed solvents and chemicals, such as benzene, in the process of applying of coal creosote that is tar. Benzene is a well-known carcinogen, and can cause myelodysplastic syndrome, leukemia and non-Hodgkin's Lymphoma as well as other serious side consequences like convulsions changes in your heartbeat, liver damage anemia, bone marrow damage and cancer of the lungs and skin.

Our lawyers have been successful in prosecuting various lawsuits against Union Pacific Railroad involving coal-tar creosote exposure. One of these cases resulted in the settlement of $7,500,000. The plaintiff was a track department employee who developed acute myeloidleukemia due to exposure to the chemical compound that is toxic in his work over 31 years. The jury found that the railroad failed to provide any personal protective equipment, and regularly exposed him large number of toxic chemicals, including coal-tar creosote as well as coal tar distillates, carbolineum, naphtha and other cleaning solvents.

Another claim involved the use of copper naphthenate as a substitute for creosote made of coal tar. Although copper naphthenate is less harmful to the environment than creosote, it could still be extremely harmful. Copper naphthenate may cause skin, lung and nerve injury to the nerves, skin and lung. It also has the potential to contaminate soil and groundwater with benzene.

Benzene

A colorless, liquid petroleum hydrocarbon, benzene is a component in the manufacturing of resins, plastics nylon and synthetic fibers. It is also present in diesel fuel and exhaust. Diesel fumes are inhaled regularly by almost all railroad workers. Benzene, a known carcinogen has been linked to leukemia and the myelodysplastic disorder (MDS).

There is no safe level of exposure to benzene. It is absorbed through the skin and inhaled. Long-term exposure can damage the bloodstream and cause different health issues, including menstrual irregularities, anemia and fertility issues. It is also associated with certain types of cancers, like breast and lung cancer.

Benzene is a substance that can be consumed orally however it is more dangerous when breathed. Inhaling benzene may cause dizziness, headaches or nosebleeds. The benzene compound can also impair the immune system, which may cause infections.

A recent report revealed the higher levels of benzene that were found in the air near two Chicago train stations. Commuters and railroad employees were exposed to these high levels of pollution that led to schools closing classes and cities to ask residents to stay in shelters. Railroad workers, including car department employees and electricians, locomotive mechanics and pipefitters, use products that contain benzene such as Safety-Kleen part washers and CRC Brakleen, as well as paints thinners, paints and other products. Benzene is also used in printing solvents.

Asbestos

Early on asbestos was utilized in the railroad industry. Asbestos comprises six naturally occurring fibrous silicate minerals which were once widely used 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 problems such as lung cancer or asbestosis. These diseases can last up to 30 years before symptoms begin to manifest.

The EPA has banned asbestos mining and processing in the US However, asbestos is still found in a number of products. This includes certain kinds of floor felt, paper and fake fire embers. When these materials are exposed either to heat or water they may release asbestos fibers. The fibers can also be released into the air during demolition of buildings or when homes are remodeled.

A recent study has revealed that exposure to benzene for only five years significantly increases the chance of developing acute myeloid tumor (AML). Consult your physician if you experience symptoms such as night sweats or unexplained weight loss. They can perform an analysis of your blood to determine AML.

railroad settlement amounts  reached a settlement in a recent case against Genesee & Wyoming Railroad Services Inc. GWRSI operates locomotives that emit nitrogen oxides and fine particulates (PM2.5) when they run on diesel fuel. 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 railroads, workers will remain exposed to exhaust. Diesel exhaust is a mixture of toxic chemicals which include carcinogens like benzene and carbon monoxide and formaldehyde. It also includes particulate matter, polyaromatic hydrocarbons and nitrogen oxides.

In fact, the International Agency for Research on Cancer classified diesel exhaust as a Group 1 carcinogen. Diesel exhaust can also cause respiratory ailments like chronic obstructive lung disease (COPD) or bronchiectasis. A report published in Environmental Health Perspectives in 2006 related railroad worker employment to COPD rates.

When railcars and locomotives are running and idle, they emit diesel exhaust. The idling engines and machinery emit gases in addition diesel fumes, which include sulfur dioxide and nitrogen oxides.

Diesel exhaust fumes are frequently unnoticeable in locomotive cabins where conductors and engineers spend at least six hours a day. When workers enter or exit the cabins, the engine and equipment emit more exhaust fumes from diesel engines that pose a risk for lung and cancer of the railway.

Additionally railroad mechanics are also exposed to diesel exhaust in roundhouses that are not ventilated and shops. They are exposed to running locomotives and track equipment in enclosed spaces that frequently produce harmful inhalants like asbestos-insulated steam boilers and steam pipes and silica sand.