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Railroad Toxic Exposure

The Federal Employers' Liability Act was passed almost a century ago to protect the rights of railroad workers who have been hurt or killed due to unsafe working conditions. Although not as sudden or dramatic as a railroad accident, toxic exposure can be just as deadly. The railroad industry has long known about the health problems suffered by its workers due to toxic exposure. Here are the main culprits:

Asbestos

Asbestos has been valued for its heat-resistant qualities since ancient times. Although there are now workplace standards that better prevent exposure to health hazards like asbestos, no such precautions were taken in the past to prevent mesothelioma, a form of cancer that affects the lining of the lungs, heart or abdomen. Exposure to asbestos is the one and only cause of mesothelioma.

Another result of asbestos exposure is asbestosis, a scarring of the lungs which can lead to respiratory problems and heart failure. Railroad workers have long been at risk for the development of asbestosis. In 2003, the Supreme Court ruled that railroad workers who show “genuine and serious” fear of developing job-related asbestosis may be eligible to recover mental anguish damages under FELA.

Benzene

Benzene, a clear chemical found in abundance in the environment, has been applied in various man-made products. Because of its presence in rubber, solvents, detergents, synthetic fibers, paints and resins, it is threatening to railroad workers. They are at an increased risk of contracting acute myelogenous leukemia. Short-term exposure to benzene can result in side effects like drowsiness, headaches, unconsciousness, or irritation of the eyes, skin or respiratory tract. Many railroad workers have been injured or died as a result of benzene-related cancer and other health conditions.

Chemical Solvents

In May 2001, it was reported that hundreds—if not thousands—of railroad workers had been exposed to chemical solvents in the process of cleaning locomotives. Such chemical solvent exposure has caused many railroad workers to suffer some degree of brain damage. Railroad companies have steadfastly denied any link between chemical solvent exposure and brain damage, yet they have paid tens of millions of dollars to settle these very allegations. The debilitating illness known as chronic toxic encephalopathy also tends to affect railroad workers.

Creosote

Creosote refers to numerous petroleum-based substances made from the creosote bush. Creosote, long used and widely unregulated, can be found in miles and miles of railroad tracks and in rail yards. But recent research has tied creosote to health hazards that include convulsions, cancer, liver disease, kidney problems and even death. According to FELA, railroad workers who have been injured on the job due creosote exposure can hold their employers liable for damages.

Diesel Fumes

Many people and environmental groups have called for stiffer limitations on the amount of diesel fumes belched into the air by cars, trucks and trains. Few people are more exposed to diesel fumes than railroad workers. Such exposure raises their risk of developing lung cancer, heart problems, asthma and other respiratory illnesses.

Silica Dust

Railroad workers are at great risk of getting silicosis, which is caused by inhalation of crystalline silica dust. Silicosis, a form of lung disease, is completely preventable, but there is no cure once it has developed. Railroad workers’ exposure to silica dust can cause lung scarring, which in turn makes breathing difficult. There have been successful railroad injury lawsuits over silicosis.


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