A simple ankle sprain has cost Amtrak about $160,000 after it was determined that the railroad wrongfully disciplined a worker simply for reporting an on-duty injury. To learn more, check out this article.
Railroad Accident/FELA Lawyers Blog
Published by Shapiro, Cooper, Lewis, & Appleton Law Firm ~ Call 1-800-752-0042 for a Free, Confidential ConsultationWe’ve been asked numerous times about any damage limitations on FELA claims. Railroad workers who have been seriously injured worry that their medical bills and lost wages will not be properly covered if there is an arbitrary cap. To find out if there is a damage cap, check out this blog…
By Randy E. Appleton, Attorney
When a railroad injury/accident involves release of toxic or hazardous fumes/smoke, a permanent lung/breathing disease or chemical inhalation injury may result. The cause may be a crash, derailment or even a defect or malfunction on an engine, affecting the engineer or conductor, or even a by-stander. The Locomotive Inspection Act requires that railroads keep engines in good working order and most defects are violations of the federal regulations. My colleague Richard N. Shapiro wrote an interesting article fully discussing engine explosions and the release of toxic fumes and smoke, as well as the locomotive inspection act requirements that apply to railroad activities.
My colleague Rick Shapiro shared his knowledge about the growing number of railroad workers developing life-threatening cancers. These devastating cancers, like mesothelioma, can be contracted by exposure to asbestos, diesel exhaust fumes, and radiation. If a worker files a claim against the rail company, the strategy utilized is ”minimizing” the potential link between the worker’s exposure to these hazardous substances and the development of cancer. To learn more, check out this article…
By Rick Shapiro, FELA Lawyer
Imagine spending three decades with one railroad company working day in and day out breathing in diesel fumes and toxic asbestos fibers. You retire and hope to enjoy your golden years in peace. You visit the doctor and are informed you’re going to struggle for the rest of your life with a chronic lung disease usually called pulmonary fibrosis, meaning scarring and stiffening of the lungs. You’re probably thinking, “How can this be? What went wrong?” You then connect the dots and suspect that exposure to asbestos dust and other hazardous chemicals may have contributed to your condition. Worse yet, you are prescribed oxygen tanks to assist you with breathing.
A retired engineer who spent 30 years with Burlington Northern Santa Fe Railroad Company found himself in this situation. He decided to file a lawsuit. Burlington Northern did not to try to work out some type of compensation package to help their former employee who dedicated his life to their company. Instead, they opted to drag the case all the way to trial.
At trial, medical experts said heavy metals, silicone dust (which probably came from sand used on the tracks) and asbestos dust (probably from locomotive brake shoes and asbestos insulation/thermal wrap tape) contributed to his lung disease. Most importantly, asbestos fibers were found during microscopic biopsies of the engineer’s lung tissue-which certainly snuffed out any railroad argument that he had no asbestos exposures. The diesel fumes the engineer was exposed to on a regular basis contain thousands of irritants, including heavy metals such as those found in the engineer’s lungs, according to the Billings Gazette.
The jury found this evidence compelling and sided with the engineer awarding him $3.7 million. This was a good decision by the jury. The engineer deserved compensation considering the evidence was pretty clear that he sacrificed his health for the railroad company.
About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm with a long history of representing hundreds of railroad workers in FELA/ railroad injury cases. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach, Virginia (VA) and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, SC, WV, KY, FL and DC and have handled railroad injury and FELA cases throughout the eastern U.S. We would like to send you one of our FREE reports about railroad injury and FELA cases, including Do’s and Don’ts When Injured at a Railroad – The Railroad Worker’s FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.
By Rick Shapiro, FELA Lawyer
When you do the right thing for your employer, you expect your employer to have your back. This was not the case for Robert Conley. He was a brakeman for Union Pacific Railroad and noticed an engine fire near a locomotive. Mr. Conley could have simply let the fire continue to blaze, but he didn’t; he took action and stopped the fire by using two fire extinguishers. What was his reward for this brave act? Chemically-induced asthma and sinusitis and a railroad employer refusing to accept responsibility for fair compensation.
It took one encounter with toxic gases and diesel fumes to develop such terrible, debilitating ailments. In fact, Mr. Conley was declared permanently disabled and could not return to his job with Union Pacific.
Mr. Conley filed a lawsuit against Union Pacific under the Federal Employer’s Liability Act for violating provisions in the Federal Locomotive Inspection Act. Specifically, the suit alleged that Union Pacific failed to properly maintain the locomotive so the hazardous exhaust fumes would not adversely affect brakeman and workers.
Given Mr. Conley’s actions in preventing the engine fire from becoming far worse, you’d think the railroad would be willing to work with Mr. Conley and ensure he is properly compensated, right? Wrong. The railroad did not make a reasonable settlement and took the case all the way to trial.
Fortunately, a jury recognized that the railroad was liable and Mr. Conley’s life was adversely affected because of his exposure to toxic fumes. The jury awarded Mr. Conley $1.28 million.
I’m glad the jury ruled in favor of Mr. Conley. Our firm has handled FELA cases involving clients struggling with diseases from toxic fumes and our clients sometimes get discouraged when the railroad utilizes delay tactics and force a case all the way to trial. But it is jury verdicts like this which are proof that a jury trial can lead to a very positive outcome. I also note that our firm currently is working on a somewhat similar case where a locomotive engineer was engaging in his inspection duties when a locomotive engine battery literally exploded sending toxic sulfuric acid and battery electrolyte fumes spewing into the air around him on the engine platform. Although the engine was removed from active service for replacement of the multi-ton huge battery, the engineer did not suffer big medical effects until weeks had passed. His doctors eventually made the connection and the case is in suit at this time, based on chemical inhalation/reactive airways disease syndrome (RADS). An over-exposure to any toxic fume can result in “hypersensitivity” in many cases, making further exposure to even small amounts of fumes very problematic for sufferers.
About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm with a long history of representing hundreds of railroad workers in FELA/ railroad injury cases. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach, Virginia (VA) and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, SC, WV, KY, FL and DC and have handled railroad injury and FELA cases throughout the eastern U.S. We would like to send you one of our FREE reports about railroad injury and FELA cases, including Do’s and Don’ts When Injured at a Railroad – The Railroad Worker’s FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.
The wholly preventable asbestos cancer of the lung lining called mesothelioma is preventable—the elimination or substitution of asbestos from railroad equipment may have prevented these terrible cancers that arise decades after exposures. Read what the railroads knew and how they could have prevented cancer among their workers…
Railroad Worker Asbestos Mesothelioma – The Completely Preventable Cancer
By Rick Shapiro, FELA Lawyer
A spotlight was placed on asbestos exposure causing mesothelioma cancer in railroad workers, but we’re starting to comprehend just how lethal this invisible asbestos dust is. For example, numerous cases of family members who came in contact with asbestos briefly from their father or mother’s clothing are now struggling with this aggressive and deadly terminal cancer.
When the asbestos cancer “mesothelioma” diagnosis is made, the reaction is usually one of shock and dismay. We’re talking about some people who never smoked, don’t spend their days breathing in exhaust fumes or asbestos fibers, yet are stricken with mesothelioma because they washed their husband’s clothes or gave their dad a hug every day when he came home from work. It’s heartbreaking and extremely frustrating for not only the afflicted victim, but the entire family. Mesothelioma “brought home” on clothing can affect every railroad worker type especially working during the 1970’s or earlier: including engineers, conductors, machinists, carman, track maintenance workers. Historical railroad internal memos showed that all major railroads discussed permanent lung diseases caused by asbestos in the 1930’s, and learned of excessive asbestos cancer rates (in workers exposed to asbestos fibers) by 1965. But, all the major railroads did virtually nothing to warn their employees of these huge risks under OSHA implemented right to know hazard programs.
One thing family members should know very early in their research about asbestos induced mesothelioma is that cigarette smoking has been proven to have no effect on development of mesothelioma cancer. Smoking is irrelevant. And, the spookiest thing about this asbestos cancer is that it arise 15-50 years after the asbestos exposure–so, it’s a ticking time bomb that seems to randomly affect workers without regard to significant constant exposure. Unlike some cancer causing agents, being exposed to more asbestos does not make mesothelioma cancer more likely in workers. That is why asbestos was the first toxic substance that OSHA ever banned in the U.S.
This type of asbestos exposure has been described as “second hand” or bystander asbestos exposure and many railroad companies argue they should not be liable because the asbestos exposure was “off site,” according to the Vancouver Sun. Courts in a few states decided in favor of the railroads, while other state courts are treating railroads like any other industry and recognize that if the railroads knowingly exposed their own employees to these toxic asbestos fibers, then company liability should extend to family members who are dying because of this “off-site” bystander exposure. These courts ruled that if the evidence proves the railroad industry had health and safety information decades before a railroader’s family member was diagnosed with mesothelioma, and if the family member proves the likely source of asbestos was on the clothing of the railroad worker, then liability may be imposed on the railroad.
For example, a California jury awarded a woman diagnosed with mesothelioma cancer over $200 million because she was exposed to asbestos while washing her husband’s clothes for over 20 years.
If you developed mesothelioma from “second hand” or so called bystander exposure, consult with an attorney right away. We can help determine what legal options may be available to you in a free consultation, and evaluate whether our experienced injury attorneys can assist you. If you’re looking for more information about asbestos exposure and its connection to mesothelioma, check out these articles…
- Learn when railroads knew about the risks associated with asbestos
- Firm case result involving mesothelioma victim
- Frequently asked questions about mesothelioma
About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm with a long history of representing hundreds of railroad workers in FELA/ railroad injury cases. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach, Virginia (VA) and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, SC, WV, KY, FL and DC and have handled railroad injury and FELA cases throughout the eastern U.S. We would like to send you one of our FREE reports about railroad injury and FELA cases, including Do’s and Don’ts When Injured at a Railroad – The Railroad Worker’s FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.
By Rick Shapiro, FELA Lawyer
Imagine, you’re sitting in the doctor’s office and are told you have lung cancer. The news is like a punch to your stomach. You may ask yourself how this could have happened, but you have a sneaking suspicion that breathing in those diesel exhaust fumes all those years while working for the railroad may have contributed to the diagnosis. But how do you prove this connection?
This is where we come in. Our firm has handled numerous diesel exhaust fume cancer cases and can help you prove the connection between your cancer diagnosis and exposure to dangerous exhaust fumes. One way is to have a co-worker testify about your exposure to these fumes. Why is this important? Because, the Georgia Court of Appeals in Norfolk Southern Ry. Co. v. Baker ruled that your testimony and the testimony of your conductor regarding your daily exposure to these hazardous fumes, is sufficient to determine to prove evidence of long term prolonged exposure.
There is also a growing body of scientific evidence linking long-term exposure to diesel exhaust (also known as diesel smoke) and various ailments including cancer. For example, in September 2002 the Environmental Protection Agency stated that “long-term exposure to diesel engine exhaust in the air is linked to lung cancer. The human evidence from occupational studies is considered strongly supportive of a finding that diesel exhaust exposure is causally associated with lung cancer…” In fact, it is also well known that dozens of carcinogens are constituents of the diesel fumes, which include polyaromatic hydrocarbons. Some of these hydrocarbons are so tiny that they can reach the bottom most area of the lungs when inhaled.
Another important factor is Railroad Locomotive Safety Standards and section 229.43 which states, “Products of combustion shall be released entirely outside the cab and other compartments. Exhaust stacks shall be of sufficient height or other means provided to prevent entry of products of combustion into the cab or other compartments under usual operating conditions.” This means if diesel fumes leak inside the rail cab where you are located, the railroad company can be held liable for a federal railroad regulation/regulatory violation. Under regulations, it also makes no difference whether the employer actually knew that the fumes were regularly getting into the crew cab.
Some former rail employees may not want to take legal action against their former employer out of a sense of loyalty. This is a mistake. Railroad companies were aware of the risks associated with diesel exhaust fumes since 1955 and failed to take action. Why? Because implementing the necessary safety precautions would have cost lots of money and the railroads were more concerned about profit than their employee’s health and well-being. Loyalty should not be a one-way street.
Other employees may hesitate to initiate a FELA claim out of fear that they do not have enough evidence for their case to succeed. Again, this is why you should give our office a call for a free, confidential consultation. We can help determine what legal options are available to you.
About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm with a long history of representing hundreds of railroad workers in FELA/ railroad injury cases. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach, Virginia (VA) and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, SC, WV, KY, FL and DC and have handled railroad injury and FELA cases throughout the eastern U.S. We would like to send you one of our FREE reports about railroad injury and FELA cases, including Do’s and Don’ts When Injured at a Railroad – The Railroad Worker’s FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.
CSX Railroad made $414 in revenue in the second quarter of 2010, a 36 percent increase in profits. Even when the railroad is making profits out the yin yang, many CSX rail workers who are struggling with on-the-job injuries and diseases are unable to receive proper compensation. To learn more, check out this post on Yardlimits…
As CSX Continues to Rake In Profits, Many Injured Rail Workers Continue to Struggle
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