railroad injury settlement amounts and Asbestos
In 1862, Congress passed the Pacific Railroad Act which helped to fund two transcontinental railroad companies through granting large grants of lands for rights-of-way. Railroad workers who contract cancer as a result of exposures at work can sue employers under the Federal Employers Liability Act (FELA).
A jury in Illinois awarded $7.5 million to an ex- Union Pacific Trackman who died from acute myeloid leukemia. He blamed his blood cancer on extensive workplace exposures to creosote and benzene, both of which were used to protect and waterproof wooden railroad ties.
Creosote
Coal tar Creosote is a wood preserver, is used to protect railroad tie from the sun, heat and cold, rain and snow. In the process of applying coal tar creosote, workers are exposed to a range of toxic chemicals and solvents, including benzene. Benzene, a known carcinogen, can cause leukemia and non-Hodgkin lymphoma as well in other serious side effects such as heartbeat fluctuations, convulsions, liver damage, anemia, and cancers of the lungs and the body.
Our lawyers have been successful in prosecuting various lawsuits against Union Pacific Railroad involving coal-tar creosote exposure. One of these cases landed the settlement of $7,500,000. The plaintiff, a track department worker who was diagnosed with acute myeloid tumors because of exposure to harmful chemical compounds on the job for 31 years. The jury found that railroad did not provide him with personal protective equipment and exposed him to a wide range of toxic chemicals that included coal-tar tar creosote and coal tar distillates.
Another argument was the use of copper naphthalenate as a replacement for creosote made from coal. Copper naphthenate is less harmful to the environment than creosote, can be extremely hazardous. Copper naphthenate is a carcinogen and can cause skin, nerve and lung damage to the lung, skin and nerves. It also contaminates groundwater and soil with benzene.
Benzene
A colorless, liquid petroleum hydrocarbon, benzene is used in the manufacturing of plastics, resins nylon, synthetic fibers and other. It is also found in diesel fuel and exhaust. Most railroad workers are exposed to diesel fumes regularly on a basis. Benzene is a well-known carcinogen, has been linked with leukemia as well as the myelodysplastic disease (MDS).
There is no safe level of exposure to benzene. It can be absorbed through the skin and inhaled. Long-term exposure to it can damage the blood and cause different health issues, such as menstrual irregularities, anemia and fertility problems. Benzene has also been linked to certain types of cancers such as lung and breast cancer.
Benzene can be ingested orally however it is most dangersome when inhaled. Inhaling benzene could cause headaches, dizziness or nosebleeds. Benzene can also interfere with the immune system, which may result in infections.
A recent report has highlighted the higher levels of benzene that were found in the air around two Chicago train stations. Commuters railroad workers as well as city residents were exposed to excessive levels of pollution. Schools closed classes and cities asked residents to shelter in place. Railroad workers, which includes car department employees, locomotive machinists, pipefitters and electricians regularly make use of benzene-containing items such as Safety-Kleen parts washers and CRC Brakleen as well as paints and thinners. The chemical is also used in printing solvents.
Asbestos
The use of asbestos in the railroad industry started in the early years. Asbestos is one of six naturally occurring fibrous silicate minerals that were once highly sought-after in construction due to their fire-retardant, fire-retardant, corrosion-resistant and insulate properties. Inhaling these fibers can cause serious health problems like lung cancer and asbestosis. These health conditions can take up to 30 years before symptoms begin to manifest.
The EPA has prohibited asbestos mining and processing in the US however, it can be found in a number of products. This includes certain kinds of paper, floor felt, and fake fire embers. But, if these items are exposed to heat or water they could release harmful asbestos fibers. These fibers can also be released into air during demolition or remodeling.
A recent study found that even five years of exposure to benzene can significantly increase the risk of developing acute myeloid leukemia (AML). Consult your doctor if you experience symptoms such as night sweats or an unprovoked weight loss. They can do tests on your blood to identify AML.
The EPA recently concluded a settlement with Genesee & Wyoming Railroad Services Inc. (GWRSI). GWRSI operates locomotives which emit nitrogen oxides as well as fine particulates (PM2.5) when they operate on diesel fuel. This EPA settlement requires GWRSI to replace any of its existing locomotives with new ones that comply with EPA emission standards.
Diesel Exhaust
As long as diesel fuel is used to power railroad workers, they will continue to be exposed to exhaust. Diesel exhaust is a poisonous mixture of chemicals, which includes carcinogens like benzene and carbon monoxide. It also includes particulate matter, polyaromatic hydrocarbons as well as nitrogen oxides.
The International Agency for Research on Cancer has classified diesel exhaust as Group 1 carcinogen. Diesel exhaust may also cause respiratory illnesses such as chronic obstructive lung disease (COPD) or bronchiectasis. An article published in Environmental Health Perspectives in 2006 linked railroad worker employment to COPD rates.
When railroad cars and locomotives are running and idling, they emit diesel exhaust. Idling engines emit gases, such as sulfur dioxide and nitrogen oxides as well as diesel fumes.
The smell of diesel exhaust is usually evident in the cabs of locomotives, in which conductors and engineers can sit for up to six hours at the same time. The engine and equipment emit more exhaust fumes from diesel engines when workers enter and leave the cabs. This can cause lung and cancerous problems.
Moreover railroad mechanics are also exposed to diesel exhaust in poorly ventilated roundhouses and shops. They work in enclosed areas with locomotives, track equipment and asbestos-insulated steam boilers.