Railroad Settlements and Asbestos
In 1862, Congress passed The Pacific Railroad Act. The act helped to fund two transcontinental railroad companies through large grants for rights-of-way. Railroad workers who contract cancer because 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 of acute myeloid lymphoma. He blamed the cause of his blood cancer to massive exposure to creosote and benzene, both of which were used to protect and waterproof wooden railroad ties.
Creosote
Coal tar creosote can be described as a wood preserver used to shield railroad ties from sun, heat, cold rain and snow. Workers are exposed chemicals and solvents, like benzene, in the process of applying of coal tar creosote. Benzene is a known carcinogen and can cause leukemia, myelodysplastic disorder and non-Hodgkin's lymphoma as as other serious side effects like convulsions changes to your heartbeat, liver damage, anemia and bone marrow damages. cancer of the skin and lungs.
Our attorneys have successfully prosecuted several lawsuits against Union Pacific Railroad involving coal-tar creosote exposure. One of these cases landed an award of $7,500,000. The plaintiff was a track department worker who developed acute myeloid leukemia due to exposure to the toxic chemical compound during his employment for over 31 years. The jury found that the railroad did not provide any personal protective gear, and exposed him to a variety of toxic chemicals that included coal-tar tar creosote and coal tar distillates.
Another claim was the use of copper naphthalenate as an alternative to coal tar creosote. Although copper naphthenate isn't more hazardous to the environment than creosote, it can nevertheless be extremely dangerous. Copper naphthenate is a cancer-causing agent and can cause nerve, skin 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 manufacturing of plastics, resins nylon, synthetic fibers and other. It is also used in diesel fuels and exhaust. Most railroad workers are exposed to diesel fumes on an ongoing basis. Benzene, a known carcinogen has been linked to leukemia and the myelodysplastic syndrome (MDS).
There is no safe level of exposure to benzene. It is absorbed through the skin and inhaled. Long-term exposure to benzene can cause blood damage, leading to anemia, irregular periods, and fertility issues. The chemical benzene has been linked to certain types of cancers which include lung and breast cancer.
Inhaling benzene can be the most dangerous. Inhaling benzene can lead to dizziness, headaches nose bleeds, headaches, and loss of consciousness. Benzene can also interfere with the immune system, which could result in infections.
Recent reports have highlighted the high levels of benzene near two Chicago train stations. Commuters and railroad workers were exposed to the excessive levels of pollution, which prompted schools to close classes and cities to request residents to stay in shelters. Railroad workers, including car department employees as well as locomotive mechanics, electricians, and pipefitters use products that contain benzene such as Safety-Kleen part washers, CRC Brakleen as well as paints, thinners, and other products. Benzene can also be found in printing solvents.
Asbestos
Early on, asbestos was used in the railroad industry. Asbestos is made up of six naturally occurring silicate minerals with a fibrous structure. They were once utilized in construction because they had resistance to corrosion, fire-resisting, and insulate qualities. Inhaling these fibers could lead to serious health issues such as lung cancer and asbestosis. The signs of these health conditions can take anywhere from 15 to 30 years before they show up.
The EPA has stopped the mining and process of asbestos in this country however, it is used in many products. This includes various types of flooring felt, paper and fake fireplace embers. However, when these materials are exposed to heat or water, they may release toxic asbestos fibers. They could also be released into the air during demolition or home renovations.
A recent study has shown that exposure to benzene even for five years significantly increases the risk of developing acute myeloid cancer (AML). Consult your physician if you have symptoms such as night sweats or an unprovoked weight loss. They may perform a blood test to look for AML.
The EPA recently settled a case with Genesee & Wyoming Railroad Services Inc. (GWRSI). GWRSI operates locomotives that operate on diesel fuel and emit nitrogen oxides (NOx) and fine particulate matter (PM2.5). railroad injury settlements that GWRSI replace any of its locomotives with newer models that comply with EPA emissions standards.
Diesel Exhaust
As long diesel fuel continues to be used to power freight trains, railroad workers are exposed to exhaust. Diesel exhaust is a cocktail of harmful chemicals that include carcinogens like benzene, carbon monoxide and formaldehyde. It also contains oxides of nitrogen particulate matter, polyaromatic hydrocarbons.
In fact, the International Agency for Research on Cancer classified diesel exhaust as a group 1 carcinogen. Diesel exhaust may also cause respiratory illnesses like chronic obstructive lung disease (COPD) or bronchiectasis. A study published in Environmental Health Perspectives in 2006 connected the work of railroad workers to COPD rates.
Locomotive and rail cars belch diesel exhaust when they are running and are idling in roundhouses, depots shops and yards. The machinery and engines that idle emit gasses in addition to the diesel fumes, which include sulfur dioxide and nitrogen oxides.
The odor of diesel exhaust is usually present in locomotive cabs, where conductors and engineers sit for up to six hours at a time. When people enter or leave the cabins, the engine and equipment release more diesel exhaust fumes that pose a risk for lung cancer and railway cancer.
In roundhouses that are not well ventilated workshops, shops, and roundhouses, railroad mechanics face high levels of exposure to diesel exhaust. They work with moving locomotives and track equipment in enclosed areas that often produce harmful inhalants, including asbestos-insulated steam pipes and boilers and silica sand.