Unexpected Business Strategies That Aided Railroad Settlement Chronic Lymphocytic Leukemia Achieve Success
Railroad Settlements and Asbestos
In 1862, Congress passed the Pacific Railroad Act which financed two transcontinental railroad companies by providing large grants of lands for rights-of-way. Railroad workers who contract cancer due to exposure in the workplace may sue their employers under the Federal Employers Liability Act (FELA).
An Illinois jury has handed down an $7.5 million verdict to an ex- Union Pacific trackman dying from acute myeloid leukemia. He blamed his blood cancer on extensive workplace exposures to creosote and benzene, which were used to preserve and waterproof wooden railroad ties.
Creosote
Coal tar creosote, an organic wood preserver, is employed to shield railroad ties from heat, sun and cold, rain and snow. Workers are exposed to harmful solvents and chemicals, such as benzene during the application of coal creosote tar. Benzene, a known carcinogen causes leukemia and non-Hodgkin lymphoma, as well with other serious consequences like heartbeat changes, convulsions liver damage, anemia, and cancers of the lung and the body.
Our lawyers have successfully prosecuted several lawsuits against Union Pacific Railroad involving coal-tar creosote exposure. One of these cases ended with an $7.500,000 verdict. The plaintiff was a track department employee who developed acute myeloid leukemia due to exposure to the toxic chemical compound in his work over 31 years. The jury concluded that the railroad did not provide any personal protective equipment and regularly exposed him to a large number of toxic chemicals, including coal-tar creosote and coal tar distillates, naphtha, carbolineum and other cleaning solvents.
Another argument was the use of copper naphthalenate an alternative to creosote made from coal. Copper naphthenate, while less harmful to the environment than creosote is extremely hazardous. Copper naphthenate may cause skin, lung and nerve damage. It can also contaminate the 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 fuels and exhaust. Most railroad workers are exposed to diesel fumes on a daily basis. Benzene is a well-known carcinogen that has been linked to leukemia as well as myelodysplastic syndrome (MDS).
There is no limit of exposure to benzene. It can be breathed in or absorbs through the surface of the skin. Long-term exposure to the benzene compound can cause blood damage, leading to irregular menstrual flow, anemia and fertility issues. Benzene is also associated with certain types of cancers like breast and lung cancer.
Inhaling benzene is the most hazardous. Inhaling benzene can cause headaches, dizziness, or nosebleeds. The benzene fumes can also affect the immune system and cause infections.
A recent report revealed the elevated levels of benzene in the air around two Chicago train stations. Commuters and railroad workers were exposed to these excessive levels of pollution, which led to schools having to stop classes, and cities to instruct residents to stay in shelters. Railroad workers, which includes car department employees, locomotive machinists pipefitters and electricians, frequently utilize benzene-containing products, like Safety-Kleen parts washers and Brakleen as well as paints and thinners. Also, benzene is used in printing solvents.
Asbestos
The use of asbestos in the railway industry began in the early days. Asbestos is comprised of six naturally occurring silicate minerals with fibrous structure. They were used in construction because they had an anti-corrosion, fire retardant and insulate characteristics. Inhaling these fibrous materials can lead to serious health issues such as lung cancer or asbestosis. Symptoms of these health conditions can take 15 to 30 years to show.
The EPA has banned the mining and processing of asbestos in this country, but it is still used in a variety of products. This includes some types of paper, flooring felt and fake fireplace embers. However, when these products are exposed to heat or water, they may release toxic asbestos fibers. They can also be released into the air when buildings are destroyed or when homes are remodeled.
A recent study revealed that even five years of exposure to benzene can significantly increase the chance of developing acute myeloid leukemia (AML). Consult your physician if you notice symptoms like night sweats, or a sudden weight loss. They can perform the test of blood to check for AML.
The EPA recently settled a case against Genesee & Wyoming Railroad Services Inc. (GWRSI). GWRSI operates locomotives that emit nitrogen oxides and 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 meet EPA emission standards.
pulmonary fibrosis caused by railroad how to get a settlement
As long diesel fuel is used to power railroads, workers will continue to be exposed to exhaust. Diesel exhaust is a mixture of toxic chemicals which include carcinogens like benzene, carbon monoxide, and formaldehyde. It also contains oxides of nitrogen particulate matter, and polyaromatic hydrocarbons.
In reality 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 2006 article published in the journal Environmental Health Perspectives linked railroad workers' employment to COPD rates.
When railcars and locomotives are running and idling they emit diesel exhaust. The engines and machinery that are idling emit gases in addition to diesel fumes, including sulfur dioxide and nitrogen oxides.
Diesel exhaust fumes are usually not distinguishable in locomotive cabs, where conductors and engineers spend at least six hours a day. When employees enter or exit the cabs, the engine as well as equipment produce more diesel exhaust fumes that pose a risk for railway cancer and pulmonary problems.
Moreover, railroad mechanics are heavily exposed to diesel exhausts in poorly ventilated roundhouses and shops. They work with running locomotives and track equipment in closed areas that often produce harmful inhalants, like asbestos-insulated steam pipes and boilers and silica sand.