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.
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.
